Laserfiche WebLink
GHSP -06 <br />B. General Provisions <br />1. Contract Changes. This document contains the entire agreement of the parties. No <br />other contract, either oral or implied, shall supersede this Agreement. Any proposed <br />changes in this contract that would result in any change in the nature, scope, character, <br />or amount of funding provided for in this contract, shall require a written addendum to <br />this contract on a form provided by the Department. <br />2. Subcontracts Under This Contract. The Agency shall not assign any portion of the <br />work to be performed under this contract, or execute any contract, amendment or <br />change order thereto, or obligate itself in any manner with any third party with respect to <br />its rights and responsibilities under this contract without the prior written concurrence of <br />the Department. Any subcontract under this contract must include all required and <br />applicable clauses and provisions of this contract. The Agency must submit any <br />proposed contracts for subcontracted services to the Governor's Highway Safety <br />Program for final approval no less than 30 days prior to acceptance. <br />3. Solicitation for Subcontracts, Including Procurements of Materials and <br />Equipment. In all solicitations, either by competitive bidding or negotiation, made by the <br />Agency for work to be performed under a subcontract, including procurements of <br />materials or leases of equipment, each potential subcontractor or supplier shall be <br />notified by the Agency of the Agency's obligations under this contract. Additionally,, <br />Agencies making purchases or entering into contracts as provided for by this contract <br />must adhere to the policies and procedures of 49 CFR 18.36 (Common Rule). <br />Additionally, Agencies making purchases or entering into contracts as provided for by <br />this contract must adhere to the policies and procedures of 49 CFR 18.36 (Common <br />Rule) and Executive Order 150 as it pertains to Historically Underutilized Businesses. <br />4. Incorporation of Provisions in Subcontracts. The Agency shall include the <br />provisions of section A -1 through A -6 of this Agreement in every subcontract, including <br />procurements of materials and leases of equipment, unless exempted by the <br />regulations, or directives issued pursuant thereto. The Agency shall take such action <br />with respect to any subcontract or procurement as the Department, the State of North <br />Carolina, hereinafter referred to as the "State ", the National Highway Traffic Safety <br />Administration, hereinafter referred to as "NHTSA ", or the Federal Highway <br />Administration, hereinafter referred to as "FHWA ", may direct as a means of enforcing <br />such provisions including sanctions for noncompliance. Provided, however, that in the <br />event the Agency becomes involved in, or is threatened with, litigation with a <br />subcontractor or supplier as a result of such direction, the Agency may request the <br />Department or the State to enter into such litigation to protect the interests of the <br />Department or the State. In addition, the Agency may request the NHTSA or FHWA to <br />enter into such litigation to protect the interests of the United States. <br />5. Outsourcing. All work shall be performed in the United States of America. No work will <br />be allowed to be outsourced outside the United States of America. <br />AWjp," number 1 <br />Rev. 02/09 F V <br />