Stop Work Order - CTR051336.pdf

Stop Work Order

Arizona Department of Juvenile Corrections 100 N. 15th Avenue

Suite 103 Phoenix, AZ 85007

Contract CTR051336

Drug Testing for Youth

September 30, 2022

Courntey Clements

Avertest LLC - Averhealth

2916 W. Marshall Street

Richmond, VA 23230

Subject: Stop Work Order

Contract Number CTR051336

Dear Courtney Clements:

The Arizona Department of Juvenile Corrections (ADJC) herewith issues a Stop Work Order in accordance with contract section 8.2, titled Stop Work Order, of the Uniform Terms and Conditions in its contract with

Avertest LLC - Averhealth. The Stop Work Order is for reason of non-compliance with Uniform Terms and Conditions section 7.2 Quality:

“Unless otherwise modified elsewhere in these terms and conditions, the Contractor warrants that, for one year after acceptance by the State of the materials, they shall be:

7.2.1. Of a quality to pass without objection in the trade under the Contract description;

7.2.2. Fit for the intended purposes for which the materials are used;

7.2.3. Within the variations permitted by the Contract and are of even kind, quantity, and quality within each unit and among all units;”

The contract Offer and Acceptance attachment as signed by both parties, states, in part:

“The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor's

Offer as accepted by the State."

Effective immediately, Avertest LLC - Averhealth shall stop providing the single fentanyl oral test and 10-panel test that includes fentanyl and instead revert back to use of the 9-panel test in use prior to the contract amendment dated August 2, 2022. This Stop Work Order shall continue until ADJC reviews and approves the written corrective action plan requested in the attached Vendor Performance Report (VPR).

Stop Work Order

Arizona Department of Juvenile Corrections 100 N. 15th Avenue

Suite 103 Phoenix, AZ 85007

Contract CTR051336

Drug Testing for Youth

This Stop Work Order shall in no way constitute a waiver of ADJC of any and all rights under the

Contract. That is, the time period within which you prepare your response to ADJC shall not be considered acceptance of non-compliance during this period. The Arizona Department of Juvenile Corrections reserves the right to enforce additional contract action, specifically, but not limited to Termination for Default, should Avertest LLC - Averhealth not provide a written corrective action plan by the date listed in the

VPR.

If you have any questions, please contact the undersigned at 602-377-2322.

Sincerely, Kerry Wells

Interim Chief Procurement Officer

Arizona Department of Juvenile Corrections cc: Doug Sargent - Director, Arizona Department of Juvenile Corrections

Beth Broeker - Legal Systems Bureau Administrator

Dr. Cody Conklin, MD - Medical Director

Katrina Suell - Community Corrections

Kerin Pierce - Youth Parole Supervisor