Specifications

Generator Maintenance, Inspection and Repair Services Bid Number 6000001312
California Department of Corrections and Rehabilitation (CDCR) Exhibit D
SPECIAL TERMS AND CONDITIONS
Page 2 of 18
(SUBJECT)
Associate Director
Office of Business Services
California Department of Corrections and Rehabilitation
9838 Old Placerville Road, Suite B-2
Sacramento, CA 95827
Contractor shall specify in the formal written appeal the issue(s) in dispute, the particular
relief or remedy sought, the factual basis for Contractor’s claim or dispute, and
Contractor’s legal, technical and/or other authority upon which Contractor bases its claim
or dispute.
The formal written appeal shall include a written certification signed by a knowledgeable
company official under the penalty of perjury according to the laws of the State of
California pursuant to California Code of Civil Procedure Section 2015.5 that the dispute,
claim, or demand is made in good faith, and that the supporting data are accurate and
complete. If an Agreement adjustment is requested, the written certification shall further
state under penalty of perjury that the relief requested accurately reflects the Agreement
adjustment for which the CDCR is responsible.
If Contractor is a corporation, the written certification shall be signed by an officer
thereof. If Contractor is a sole proprietorship or partnership, it shall be signed by an
owner or full partner. If Contractor is other than a corporation, sole proprietorship or
partnership, it shall be signed by a principal of the company with authority to bind the
company.
The Associate Director, OBS, shall issue a formal written decision on behalf of CDCR
within thirty (30) calendar days of receipt of the properly addressed formal written
appeal. If mutually agreed by the parties, the date for the issuance of CDCR’s final
written decision may be extended.
d. Further Resolution
If the dispute is not resolved by the formal appeal process to Contractor’s satisfaction, or
Contractor has not received a written decision from the Associate Director, OBS, after
thirty (30) calendar days, or other mutually agreed extension, Contractor may thereafter
pursue its right to institute other dispute resolution process, if any, available under the
laws of the State of California.
e. Contract Disputes with Public Entities
A county, city, district or other local public body, state board or state commission,
another state or federal agency, or joint-powers authority shall resolve a dispute with
CDCR, if any, through a meeting of representatives from the entities affected. If the
dispute cannot be resolved to the satisfaction of the parties, each entity may thereafter
pursue its right to institute litigation or other dispute resolution process, if any, available
under the laws of the State of California.
2. Right to Terminate (Supersedes provision number 7, Termination for Cause, of Exhibit C)
The State reserves the right to terminate this Agreement subject to thirty (30) calendar days
written notice to the Contractor. Contractor may submit a written request to terminate this
Bid 6000001312
State of California
11/14/2013 2:35 PM
p. 105