Common use of Challenge Procedures Clause in Contracts

Challenge Procedures. (1) A challenge must be in writing and shall— (i) State the specific grounds for challenging the asserted restriction; (ii) Require the Performer to respond within sixty (60) days; (iii) Require the Performer to provide justification for the assertion based upon records kept in accordance with paragraph (b) of this article and such other documentation that are reasonably available to the Performer, in sufficient detail to enable the Agreement Officer to determine the validity of the asserted restrictions; and (iv) State that an Agreement Officer's final decision, during the three-year period preceding this challenge, or action of a court of competent jurisdiction or Board of Contract Appeals that sustained the validity of an identical assertion made by the Performer (or a licensee) shall serve as justification for the asserted restriction. (2) The Agreement Officer shall extend the time for response if the Performer submits a written request showing the need for additional time to prepare a response. (3) The Agreement Officer may request additional supporting documentation if, in the Agreement Officer’s opinion, the Performer's explanation does not provide sufficient evidence to justify the validity of the asserted restrictions. The Performer agrees to promptly respond to the Agreement Officer's request for additional supporting documentation. (4) Notwithstanding challenge by the Agreement Officer, the parties may agree on the disposition of an asserted restriction at any time prior to an Agreement Officer's final decision or, if the Performer has appealed that decision, filed suit, or provided notice of an intent to file suit, at any time prior to a decision by a court of competent jurisdiction or Board of Contract Appeals. (5) If the Performer fails to respond to the Agreement Officer's request for information or additional information under paragraph (f)(1) of this article, the Agreement Officer shall issue a final decision, in accordance with the Disputes article of this agreement, pertaining to the validity of the asserted restriction. (6) If the Agreement Officer, after reviewing any available information pertaining to the validity of an asserted restriction, determines that the asserted restriction has— (i) Not been justified, the Agreement Officer shall issue promptly a final decision, in accordance with the Disputes article of this agreement, denying the validity of the asserted restriction; or (ii) Been justified, the Agreement Officer shall issue promptly a final decision, in accordance with the Disputes article of this agreement, validating the asserted restriction. (7) A Performer receiving challenges to the same asserted restriction(s) from more than one Agreement Officer shall notify each Agreement Officer of the other challenges. The notice shall also state which Agreement Officer initiated the first in time unanswered challenge. The Agreement Officer who initiated the first in time unanswered challenge, after consultation with the other Agreement Officers who have challenged the restrictions and the Performer, shall formulate and distribute a schedule that provides the Performer a reasonable opportunity for responding to each challenge.

Challenge Procedures. (1) A challenge must be in writing and shall— (i) State the specific grounds for challenging chal- lenging the asserted restriction; (ii) Require the Performer Contractor to respond within sixty (60) days; (iii) Require the Performer Contractor to provide justification jus- tification for the assertion based upon records kept in accordance with paragraph (b) of this article clause and such other documentation documenta- tion that are reasonably available to the PerformerContractor, in sufficient detail to enable the Agreement Contracting Officer to determine the validity valid- ity of the asserted restrictions; and (iv) State that an Agreement a Contracting Officer's ’s final decision, during the three-year period preceding pre- ceding this challenge, or action of a court of competent jurisdiction or Board of Contract Appeals that sustained the validity of an identical assertion made by the Performer Contractor (or a licensee) shall serve as justification for the asserted restriction. (2) The Agreement Contracting Officer shall extend the time for response if the Performer submits Contractor sub- mits a written request showing the need for additional time to prepare a response. (3) The Agreement Contracting Officer may request additional supporting documentation if, in the Agreement Contracting Officer’s opinion, the Performer's Con- tractor’s explanation does not provide sufficient suffi- cient evidence to justify the validity of the asserted restrictions. The Performer Contractor agrees to promptly respond to the Agreement Officer's Contracting Offi- cer’s request for additional supporting documentationdocu- mentation. (4) Notwithstanding challenge by the Agreement Con- tracting Officer, the parties may agree on the disposition of an asserted restriction at any time prior to an Agreement a Contracting Officer's ’s final decision or, if the Performer Contractor has appealed ap- pealed that decision, filed suit, or provided notice of an intent to file suit, at any time prior to a decision by a court of competent jurisdiction or Board of Contract Appeals. (5) If the Performer Contractor fails to respond to the Agreement Contracting Officer's ’s request for information or additional information under paragraph (f)(1g)(1) of this articleclause, the Agreement Contracting Officer shall will issue a final decision, in accordance with the Disputes article paragraph (f) of this agreementclause and the Dis- putes clause of this contract, pertaining to the validity of the asserted restriction. (6) If the Agreement Contracting Officer, after reviewing review- ing the written explanation furnished pursu- ant to paragraph (f)(1) of this clause, or any other available information pertaining to the validity of an asserted restriction, determines deter- mines that the asserted restriction has— (i) Not been justified, the Agreement Officer Contracting Offi- cer shall issue promptly a final decision, in accordance with the Disputes article clause of this agreementcontract, denying the validity of the asserted as- serted restriction; or (ii) Been justified, the Agreement Contracting Officer shall issue promptly a final decision, in accordance ac- cordance with the Disputes article clause of this agreementcontract, validating the asserted restriction. (7) A Performer Contractor receiving challenges to the same asserted restriction(s) from more than one Agreement Contracting Officer shall notify each Agreement Contracting Officer of the other challengeschal- lenges. The notice shall also state which Agreement Contracting Officer initiated the first in time unanswered challenge. The Agreement Contracting Officer who initiated the first in time unanswered unan- swered challenge, after consultation with the other Agreement Contracting Officers who have challenged chal- lenged the restrictions and the PerformerContractor, shall formulate and distribute a schedule that provides the Performer contractor a reasonable opportunity op- portunity for responding to each challenge.

Challenge Procedures. (1) A challenge must be in writing and shall— (i) State the specific grounds for challenging the asserted restriction; (ii) Require the Performer to respond within sixty (60) days; (iii) Require the Performer to provide justification for the assertion based upon records kept in accordance with paragraph (b) of this article and such other documentation that are reasonably available to the Performer, in sufficient detail to enable the Agreement Officer to determine the validity of the asserted restrictions; andand AGREEMENT NUMBER FA8614-22-9-0003 (iv) State that an Agreement Officer's final decision, during the three-year period preceding this challenge, or action of a court of competent jurisdiction or Board of Contract Appeals that sustained the validity of an identical assertion made by the Performer (or a licensee) shall serve as justification for the asserted restriction. (2) The Agreement Officer shall extend the time for response if the Performer submits a written request showing the need for additional time to prepare a response. (3) The Agreement Officer may request additional supporting documentation if, in the Agreement Officer’s opinion, the Performer's explanation does not provide sufficient evidence to justify the validity of the asserted restrictions. The Performer agrees to promptly respond to the Agreement Officer's request for additional supporting documentation. (4) Notwithstanding challenge by the Agreement Officer, the parties may agree on the disposition of an asserted restriction at any time prior to an Agreement Officer's final decision or, if the Performer has appealed that decision, filed suit, or provided notice of an intent to file suit, at any time prior to a decision by a court of competent jurisdiction or Board of Contract Appeals. (5) If the Performer fails to respond to the Agreement Officer's request for information or additional information under paragraph (f)(1) of this article, the Agreement Officer shall issue a final decision, in accordance with the Disputes article of this agreement, pertaining to the validity of the asserted restriction. (6) If the Agreement Officer, after reviewing any available information pertaining to the validity of an asserted restriction, determines that the asserted restriction has— (i) Not been justified, the Agreement Officer shall issue promptly a final decision, in accordance with the Disputes article of this agreement, denying the validity of the asserted restriction; or (ii) Been justified, the Agreement Officer shall issue promptly a final decision, in accordance with the Disputes article of this agreement, validating the asserted restriction. (7) A Performer receiving challenges to the same asserted restriction(s) from more than one Agreement Officer shall notify each Agreement Officer of the other challenges. The notice shall also state which Agreement Officer initiated the first in time unanswered challenge. The Agreement Officer who initiated the first in time unanswered challenge, after consultation with the other Agreement Officers who have challenged the restrictions and the Performer, shall formulate and distribute a schedule that provides the Performer a reasonable opportunity for responding to each challenge.