We have only had one subaward.  Here is the language that was put in that contract.  Hope it helps.

416         NOTICE OF FAILURE TO PERFORM AND TERMINATION FOR DEFAULT

416.1  Cure Notice

A Cure Notice may be issued when there is reason to believe that a contractually-established delivery or milestone will not be met on time.  The cure notice will inform the subcontractor of the deliveries or milestones that appear to be in jeopardy of not being met and will request that the subcontractor provide either evidence that the delivery or milestone will be met or an alternate schedule for meeting the delivery or milestone and an offer of consideration for the delay.   If the subcontractor cannot provide evidence that the delivery or milestone will be met or if the revised schedule and consideration are not to the satisfaction of FSU, FSU may, entirely at its own discretion, elect to proceed to a Termination for Default.  If FSU elects not to proceed to Termination for Default, the subcontract will be modified to reflect the revised delivery and/or milestone requirements and the consideration for the revised schedule.

416.2   Show Cause Notice

A Show Cause Notice may be issued immediately upon the failure of the subcontractor to meet a contractually-established delivery period, milestone or any valid extension thereof.  The show cause notice will inform the subcontractor of the deliveries or milestones that have not been met and request that the subcontractor show cause why the subcontract should not be terminated for default.  The subcontractor may provide an alternate schedule for meeting the delivery or milestone and an offer of consideration for the delay.   If the subcontractor cannot provide an adequate reason why the subcontract should not be terminated for default and /or the revised schedule and consideration offered by the subcontractor are not to the satisfaction of FSU, FSU may, entirely at its own discretion, elect to proceed to a Termination for Default. If FSU elects not to proceed to Termination for Default, the subcontract will be modified to reflect the revised delivery and/or milestone requirements and the consideration for the revised schedule.

416.3   Termination for Default

FSU may elect to terminate this subcontract for default for failure to perform or for any other material breach of contract.  If it is determined that a termination for default is in the best interests of FSU, a notice of termination for default will be issued.  Upon receipt of such notice the subcontractor shall stop work and prepare a proposal for costs incurred through the date of the termination.   This proposal must be submitted to FSU no later than 30 days after the date of the termination. 

FSU and the subcontractor will negotiate a termination based on the termination proposal submitted.

Failure to reach a negotiated settlement shall be subject to Section 400, clause 417, Disputes, of this subcontract. 

416.4   Mailing of Notices

All notices will be sent via registered mail with proof of delivery requested.

Sandy Shriver

Office of Sponsored Programs

Fairmont State University and

Pierpont Community & Technical College

Room 319 Hardway Building

1201 Locust Avenue

Fairmont, WV  26554

304-367-4684 (phone)

304-367-4850 (fax)

xxxxxx@fairmontstate.edu

"When I admire the wonder of a sunset

or the beauty of the moon,

my soul expands in worship of the Creator." 

- Mahatma Gandhi -

Hello All,

Happy Tuesday!   I’m just wondering if anyone would be willing to share with me the language your Institution uses for addressing “non-performance or lack of deliverables” in your contract agreements for consortiums. 

Please feel free to email them to me directly.

Thanks,

Joelina Peck, CRA 

Manager, Sponsored Research

Sanford-Burnham Medical Research Institute

10901 North Torrey Pines Road 

La Jolla, CA  92037 

T: 858.795.5404

C: 858.926.8791

F: 858.646.3189

E: xxxxxx@sanfordburnham.org

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