Orange County NC Website
Browse       Search
DocuSign Envelope ID: F4D38498-6182-495F-9F57-49F44D76229A <br /> days from date of complaint. If the allegations are successfully resolved by mutual agreement, documentation <br /> will be forwarded to the Office Service Manager of the resolution with specifics on each point addressed in the <br /> original complaint. <br /> If the Procurement Officer or Departmental Manager is not successful in resolving the allegations, the <br /> complaint along with the comments will be forwarded to the Office Service Manager immediately. The Office <br /> Service Manager will review all documentation. All interested parties will be given written notice of the date, <br /> time,and place of the hearing and an opportunity to present evidence. A written decision will be issued within <br /> five(5)working days after the hearing along with notice of appeal rights. <br /> Appeals <br /> The complainant may appeal the Office Service Manager's decision by submitting a written appeal,within five <br /> (5) working days, to the Executive Director of H-GAC. The Executive Director, upon receipt of a written <br /> notice of appeal, shall contact the complainant and schedule a hearing within ten (10) working days. The <br /> Executive Director of H-GAC has the option of appointing a Hearing Officer to preside over the hearing. If <br /> appointed, the Hearing Officer shall conduct a hearing and forward a summary and recommended resolution to <br /> the Executive Director. <br /> The decision reached by the Executive Director or his designee shall be final and conclusive.This decision will <br /> be forwarded to the complainant in writing within thirty(30)working days. <br /> The Contractor may, if it elects to do so, appeal the final and conclusive decision of the Executive Director to <br /> a Court of competent jurisdiction. <br /> RESOLUTION OF CONTRACT DISPUTES <br /> Upon breach or default, H-GAC shall give the Contractor written notice of default. If the default is not remedied, <br /> within a reasonable specified time from date of notification, to the satisfaction and approval of H-GAC, default will <br /> be declared. <br /> Upon breach of contract or default,H-GAC may exercise any and all of its rights afforded by law, including but not <br /> limited to those referenced in the General Contract Provisions. <br /> SOLICITATIONS OR AWARDS IN VIOLATION OF THE LAW <br /> Contracts awarded in violation of the competitive process or otherwise in violation of the law are voidable by <br /> H-GAC. <br /> 52. NATIONWIDE SALES OPPORTUNITIES <br /> HGACBuy provides purchasing services to local governments qualifying non-profits throughout the nation, and <br /> desires to make established contracts available to them wherever and whenever practicable. Therefore, once a <br /> contract is awarded, Contractor is expected to expand the scope of its marketing effort to include sales to End <br /> Users in all areas of the United States, and/or to assign any H-GAC contract to another contractor(s) as deemed <br /> appropriate by H-GAC in the interest of its End Users. <br /> • Contractor may sell through HGACBuy anywhere subject to compliance with applicable laws and <br /> regulations. If the market structure in which Contractor operates requires a contract assignment for any <br /> particular sale, H-GAC will expect Contractor to assign the contract to a Manufacturer or to another <br /> Dealer(s). Such assignment must be approved by H-GAC. <br /> • Contractor's differential costs(e.g.transportation&delivery charges)and allowances(e.g.manufacturer's <br /> sales incentives)related to any sale may be charged to buyer. <br /> End of Section A <br /> GENERAL TERMS&CONDITIONS <br /> Revised: 12/03/09 Page 19 of 19 <br />