19)
20)
SUSPENSION OF WORK
The Agency may at any time and for any reason within its sole discretion issue a written order to the
Contractor suspending, delaying or interrupting all or any part of the Work for a specified period of
time.
The Contractor shail comply immediately with any such written order and take all reasonable steps
to minimize costs allocable to the Work covered by the suspension during the period of work
stoppage. Contractor shall continue the Work that is not included in the suspension and shall
continue such ancillary activities as are not suspended. The Contractor shall resume performance of
the suspended Work upon expiration of the notice of suspension, or upon direction from the
Agency.
The Contractor shall be allowed an equitable adjustment in the Contract price (excluding profit)
and/or an extension of the Contract time, to the extent that cost or delays are shown by the
Contractor to be directly attributable to any suspension. However, no adjustment shall be made
under this section for any suspension, delay or interruption due to the fault or negligence of the
Contractor, or for which an equitable adjustment is provided for, or excluded under any other term
or condition of the Contract. As soon as reasonably possible but no later than forty-five (45)
calendar days, or any other period of time agreed to by the parties, after receipt of the written
suspension of work notice, the Contractor shal] submit to the Contracting Officer a detailed price
and schedule Proposal for the suspension, delay or interruption.
EXCUSABLE DELAYS / FORCE MAJEURE
Ifthe Contractor is delayed at any time during the progress of the Work by the neglect or failure of
the Agency or by a cause as described below, then the time for completion and/or affected delivery
date(s) shall be extended by the Agency subject to the following cumulative conditions:
a. The cause of the delay arises after the Notice of Award and neither was nor could have been
anticipated by the Contractor by reasonable investigation before such award. Such cause
may also include force majeure events such as any event or circumstance beyond the
reasonable control of the Contractor, including but not limited to acts of God; earthquake,
flood and any other natural disaster; civil disturbance, strikes and labor disputes; fires and
explosions; war and other hostilities; embargo; or failure of third parties, including
Suppliers or Subcontractors, tc perform their obligations to the Contractor;
b. The Contractor demonstrates that the completion of the Work and/or any affected deliveries
will be actually and necessarily delayed;
c. The Contractor has taken measures to avoid and/or mitigate the delay by the exercise of all
reasonable precautions, efforts and measures, whether before or after the occurrence of the
cause of delay; and
d, The Contractor makes written request and provides other information to the Agency as
described by the final paragraph in this section below.
A delay in meeting all of the conditions of this section shall be deemed an excusable delay. Any
concurrent delay that does not constitute an excusable defay shall not be the sole basis for denying a
request hereunder,
None of the above shall relieve the Contractor of any Hability for the payment of any liquidated
damages owing from a failure to complete the Work by the time for completion that the Contractor
is required to pay pursuant to “Liquidated Damages for Late Delivery of the Bus” for delays
occurring prior to, or subsequent to the occurrence of an excusable delay.
The Agency reserves the right to rescind or shorten any extension previously granted, if
subsequently the Agency determines that any information provided by the Contractor in support of
a request for an extension of time was erroneous; provided, however, that such information or facts,
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