Authority Decision Clause Samples

Authority Decision. Before the Contractor may submit any matter to dispute resolution hereunder, it must first obtain a final Authority decision in accordance with the following procedures. If the Contractor objects to any decision, action, order or position of the Authority (including any rejection or modification of a proposed Change Order by the Authority), as a condition precedent to referral of a dispute, the Contractor shall first seek to resolve the dispute through the partnering process, including escalation of the dispute through all levels of the Issue Resolution Ladder. If the dispute is not resolved through partnering, the Contractor shall file a written request for an Authority decision with the Authority, within 14 days after completion of the partnering effort. The request shall state clearly, and in detail, the basis for the objection, a statement of the facts asserted, the nature and amount of the costs involved, the Contractor’s plan for mitigating such costs and its best estimate of the schedule impact of the matters that give rise to the potential dispute. The Authority will consider any timely filed written objection and provide a written response on the basis of the pertinent Contract provisions, together with the facts and circumstances involved in the dispute. The response will be furnished, in writing, to the Contractor within two weeks after receipt of the Contractor's written objection, provided that, if no written decision is issued, the Authority shall be deemed to have denied the Contractor's written objection and a response to that effect shall be deemed received by the Contractor at the end of such two-week period. The decision of the Authority shall be final and conclusive unless, on or before the 28th day from the date of receipt of such copy, the Contractor furnishes a written appeal to the Authority’s Chief Executive Officer or designee. In connection with any appeal of the Authority's decision, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. If the Chief Executive Officer or designee fails to issue a new decision within two weeks after the date on which the appeal is submitted, the Authority’s previous decision shall be final and conclusive at the end of the two-week period. If the Chief Executive Officer or designee issues a new decision within the two-week period, such decision shall be the Authority’s decision and shall be final and conclusive unless the dispute is referred to ...