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ORANGE COUNTY, NC <br />RFP No. 367-OC5430 <br />Design & Engineering Services - <br />Electric Vehicle Charging Stations <br />Grant Project <br />or proposer further agrees to include a provision requiring such compliance in its lower tier <br />covered transactions. <br />The Procuring Agency agrees and assures that its third party contractors and lessees will review <br />the “System for Award Management” at https://www.sam.gov/ before entering into any sub- <br />agreement, lease or third party contract. <br />The Procuring Agency will be reviewing all third party contractors under the “System for Award <br />Management” at https://www.sam.gov/ before entering into any contracts. <br />If the Procuring Agency, recipient, or subrecipient suspends, debars, or takes similar action <br />against a Third Party Participant or individual, the Agency, recipient, or subrecipient will provide <br />immediate written notice to the: <br />(e) NCDOT/Public Transportation Division, <br />(f)FTA Regional Counsel for the Region in which the Agency is located or implements the <br />Project, <br />(g)FTA Project Manager if the Project is administered by FTA Headquarters Office, or <br />(h)FTA Chief Counsel. <br />The requisite Debarment and Suspension Certification is included as ATTACHMENT B <br />(attach additional statement if necessary) and must be executed for contracts of $25,000 <br />or more and prior to the award of the contract. <br />17. Termination or Cancellation of Contract <br />The Owner, by written notice, may terminate this contract, in whole or in part, when it is in the <br />best interest of the project. If this contract is terminated, the Owner shall be liable only for <br />payment under the payment provisions of this contract for services rendered before the effective <br />date of termination. <br />The Owner may terminate this contract in whole or in part, for the Owner's convenience or <br />because of the failure of the Contractor to fulfill the contract obligations. The Owner shall <br />terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, <br />and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) <br />immediately discontinue all services affected (unless the notice directs otherwise), and (2) <br />deliver to the Owner all data, drawings, specifications, reports, estimates, summaries, and other <br />information and materials accumulated in performing this contract, whether completed or in <br />process. A 30-day notice of termination shall be required. <br />If the termination is for the convenience of the Owner shall make an equitable adjustment in the <br />contract price but shall allow no anticipated profit on unperformed services. <br />If the termination is for failure of the Contractor to fulfill the contract obligations, the Owner may <br />complete the work by issuing another contract or otherwise and the Contractor shall be liable for <br />any additional cost incurred by the Owner. <br />If, after termination for failure to fulfill contract obligations, it is determined that the Contractor <br />was not in default, the rights and obligations of the parties shall be the same as if the termination <br />had been issued for the convenience of the Owner. <br />18. Breach of Contract <br />Docusign Envelope ID: C9F02BE8-AE2A-4BE1-874D-0AE2AA324629