Common use of NON-ISSUANCE Clause in Contracts

NON-ISSUANCE. The Commissioner reserves the right not to issue a RFP for the Project to the Engineer, if: (a) the Engineer’s Contract has reached 100 % of its Not to Exceed amount; or (b) the Commissioner, in his/her sole opinion, determines that the Engineer may be unable to provide the required services in a satisfactory and timely fashion. In such event, the Commissioner will issue written determination to the Engineer requiring the Engineer to submit a Corrective Action Plan (“CAP”) for Commissioner’s consideration and approval. The Engineer will not be issued a RFP for any additional projects until an approved CAP is in place.

NON-ISSUANCE. The Commissioner reserves the right not to issue a RFP for the Project to the Engineer, if: (a) the Engineer’s Contract has reached 100 % of its Not to Exceed amount; or (b) the Commissioner, in his/her the Commissioner’s sole opinion, determines that the Engineer may be unable to provide the required services in a satisfactory and timely fashion. In such event, the Commissioner will issue written determination to the Engineer requiring the Engineer to submit a Corrective Action Plan (“CAP”) for Commissioner’s consideration and approval. The Engineer will not be issued a an RFP for any additional projects until an approved CAP is in place.