Attachment B.pdf
PDF 817 KB Posted
- Attached to
- DISTRICT 4 ON CALL LANE CLOSURE
- Solicitation number
- 5400026369
- Issued by
- Richland County, South Carolina
About this file
This is a non-compliance and contract termination attachment document related to South Carolina Department of Transportation (SCDOT) District 4 On Call Lane Closure contract services. The document establishes the framework for identifying contractor failures to comply with amended contract terms and the process for assessing non-refundable deductions against contractor invoices. SCDOT's Engineer is authorized to suspend work upon identification of non-compliance regardless of severity category until corrective actions are completed. The Engineer must notify the Contractor of non-compliance incidents via email within three business days of identification, with the Contractor required to respond within two business days of receipt. Contractors may dispute any assessed non-refundable deductions in writing within three business days of notification. Repeated non-compliance incidents may result in contract termination.
The non-compliance fee schedule includes specific deductions for service failures: $500 for arrivals exceeding 30 minutes late, cancellation of activities at no charge to SCDOT for arrivals over one hour late, $1,500 for no-call/no-show or cancellation incidents, $250 for forgotten required equipment, $250 for setup in wrong location, $500 for improper work zones, and $1,000 for failure to respond to emergency situations requiring a six-hour response time per contract specifications. If the Engineer and Contractor cannot reach agreement on disputed deductions, the matter escalates to the District Engineer or designee for arbitration, with potential involvement of the Designated Procurement Manager. Non-compliance notices must document the specific incident date, location, route direction and mile point, and detailed circumstances of the violation.
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Other files
| File | Type | Posted |
|---|---|---|
| Notice Regarding Extension.pdf | ||
| Solicitation.pdf | ||
| Amendment 1.pdf | ||
| Attachment A.pdf | ||
| Revised Award Date.pdf |
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Text version
SAP
Non-Compliance / Non-Refundable Deductions / Contract Termination
Non-Compliance: The Engineer determines that the Contractor has failed to comply with work required under the amended terms of the contract, as described in the table below.
Non-Refundable Deductions: Non-refundable deductions assessed may be deducted from the Contractor’s invoice for payment.
The list of non-compliance items and respective non-refundable deductions is provided below in the
Repeated non-compliance incidents may result in contract termination.
TABLE OF NON-COMPLIANCE ITEMS.
The Engineer may suspend work if non-compliance occurs, regardless of category, until actions are corrected.
The Engineer will report Non-Compliances and Non-Refundable Deductions assessed to the Contractor using the NON-COMPLIANCE NOTICE, by email within three business days of non-compliance identification.
The Contractor shall reply to the Engineer’s non-compliance email within two business days of receipt. The
Contractor must dispute any non-refundable deductions in writing within three business days of receipt of notification of assessment.
The Engineer and the Contractor reach an agreement. If no agreement can be attained, the Engineer shall submit the issue to his/her respective District Engineer or his/her designee who will serve as the arbitrator for the case
(the District Office may elect to involve the Designated Procurement Manager to assist in arbitration).
Item Non-Refundable
Deduction
Over 30 minutes late $500 per offense
Over 1 hour late Cancel activity at no charge to SCDOT
No Call/No Show/Cancellation $1500 per offense
Forgot required equipment $250 per offense
Set up in wrong location $250 per offense
Improper work zone $500 per offense
Emergency situation/Cannot support (6 hour response required by Contract)
$1000 per offense
NON-COMPLIANCE NOTICE
DATE:
TO:
FROM:
RE: CONTRACT #: PURCHASE ORDER #:
Attention:
The following item has been determined to be in non-compliance with the contract specifications. A non-refundable deduction will be assessed and deducted from your invoice as shown:
TIER ITEM SPECIFICATION
NON-REFUNDABLE
DEDUCTION
Insert
Insert Insert Insert
The non-compliance item occurred as follows:
(INSERT DATE)
(INSERT ROUTE, DIRECTION, AND MILE POINT)
(INSERT DETAILS)
Per the contract specifications, you have three business days upon receipt of this notification to respond and to dispute, in writing, this deduction.
CC: SCDOT DIRECTOR OF PROCUREMENT/PROCUREMENT MANAGER
SCDOT DISTRICT ENGINEERING ADMINISTRATOR
SCDOT RESIDENT MAINTENANCE ENGINEER
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