Section 2. (a) The director of economic development, hereinafter referred to as the “director”, is hereby authorized and directed to enter into a contract with BSSC for the administration of the program. Such contract shall set forth performance objectives for the program consistent with this chapter and with requirements for alternative deployment pilot projects and other related deployment programs, which services, projects, and programs are herein collectively referred to as “manufacturing extension services” of the Technology Reinvestment Program, a joint undertaking of the Advanced Research Projects Agency and other federal agencies, created and funded pursuant to the Defense Conversion, Reinvestment, and Transition Act of Fiscal Year 1993, and Title IV of the Fiscal Year Defense Appropriations Act, hereinafter referred to as “TRP”, and, where appropriate, with requirements of other related federal manufacturing modernization programs.
(b) In the event the director determines that the performance objectives for the program, as set forth in the contract, have not been satisfactorily met, such contract shall provide for the replacement of BSSC as program administrator, after reasonable notice and opportunity to correct deficiencies, and in no case sooner than eighteen months after the effective date of this section, in which event the director may contract with another qualified non-profit or quasi-public corporation for the administration of the program. The program administrator may also be replaced in the event the advisory board so recommends pursuant to subsection (b) of section eight. The director shall submit a copy of any subsequent contract under this chapter to the house and senate chairs of the joint committee on commerce and labor prior to its final execution.
(c) In addition, the director may terminate or suspend the contract with the program administrator, and such contract may provide for the replacement of the program administrator, as follows:
(1) If the program administrator breaches any material term or condition of the contract other than failure to meet the performance objectives of the program, or fails to perform or fulfill any material obligation required by the contract, provided, however, that prior written notice is delivered to the program administrator at least seven calendar days before the effective date of the termination. The director may terminate the contract immediately in the event of the program administrator’s participation in fraudulent activities.
(2) If the director determines that an unanticipated emergency situation exists, through no fault of the director, which by law mandates the director’s immediate action to protect state or federal funds, property or persons, or to remedy damages which have already occurred. Such termination shall be effective upon the program administrator’s receipt of written notice of either suspension or termination.
Section 2. (a) The director of economic development, hereinafter referred to as the “director”, is hereby authorized and directed to enter into a contract with BSSC for the administration of the program. Such contract shall set forth performance objectives for the program consistent with this chapter and with requirements for alternative deployment pilot projects and other related deployment programs, which services, projects, and programs are herein collectively referred to as “manufacturing extension services” of the Technology Reinvestment Program, a joint undertaking of the Advanced Research Projects Agency and other federal agencies, created and funded pursuant to the Defense Conversion, Reinvestment, and Transition Act of Fiscal Year 1993, and Title IV of the Fiscal Year Defense Appropriations Act, hereinafter referred to as “TRP”, and, where appropriate, with requirements of other related federal manufacturing modernization programs.
(b) In the event the director determines that the performance objectives for the program, as set forth in the contract, have not been satisfactorily met, such contract shall provide for the replacement of BSSC as program administrator, after reasonable notice and opportunity to correct deficiencies, and in no case sooner than eighteen months after the effective date of this section, in which event the director may contract with another qualified non-profit or quasi-public corporation for the administration of the program. The program administrator may also be replaced in the event the advisory board so recommends pursuant to subsection (b) of section eight. The director shall submit a copy of any subsequent contract under this chapter to the house and senate chairs of the joint committee on commerce and labor prior to its final execution.
(c) In addition, the director may terminate or suspend the contract with the program administrator, and such contract may provide for the replacement of the program administrator, as follows:
(1) If the program administrator breaches any material term or condition of the contract other than failure to meet the performance objectives of the program, or fails to perform or fulfill any material obligation required by the contract, provided, however, that prior written notice is delivered to the program administrator at least seven calendar days before the effective date of the termination. The director may terminate the contract immediately in the event of the program administrator’s participation in fraudulent activities.
(2) If the director determines that an unanticipated emergency situation exists, through no fault of the director, which by law mandates the director’s immediate action to protect state or federal funds, property or persons, or to remedy damages which have already occurred. Such termination shall be effective upon the program administrator’s receipt of written notice of either suspension or termination.
Section 2. (a) The director of economic development, hereinafter referred to as the “director”, is hereby authorized and directed to enter into a contract with BSSC for the administration of the program. Such contract shall set forth performance objectives for the program consistent with this chapter and with requirements for alternative deployment pilot projects and other related deployment programs, which services, projects, and programs are herein collectively referred to as “manufacturing extension services” of the Technology Reinvestment Program, a joint undertaking of the Advanced Research Projects Agency and other federal agencies, created and funded pursuant to the Defense Conversion, Reinvestment, and Transition Act of Fiscal Year 1993, and Title IV of the Fiscal Year Defense Appropriations Act, hereinafter referred to as “TRP”, and, where appropriate, with requirements of other related federal manufacturing modernization programs.
(b) In the event the director determines that the performance objectives for the program, as set forth in the contract, have not been satisfactorily met, such contract shall provide for the replacement of BSSC as program administrator, after reasonable notice and opportunity to correct deficiencies, and in no case sooner than eighteen months after the effective date of this section, in which event the director may contract with another qualified non-profit or quasi-public corporation for the administration of the program. The program administrator may also be replaced in the event the advisory board so recommends pursuant to subsection (b) of section eight. The director shall submit a copy of any subsequent contract under this chapter to the house and senate chairs of the joint committee on commerce and labor prior to its final execution.
(c) In addition, the director may terminate or suspend the contract with the program administrator, and such contract may provide for the replacement of the program administrator, as follows:
(1) If the program administrator breaches any material term or condition of the contract other than failure to meet the performance objectives of the program, or fails to perform or fulfill any material obligation required by the contract, provided, however, that prior written notice is delivered to the program administrator at least seven calendar days before the effective date of the termination. The director may terminate the contract immediately in the event of the program administrator’s participation in fraudulent activities.
(2) If the director determines that an unanticipated emergency situation exists, through no fault of the director, which by law mandates the director’s immediate action to protect state or federal funds, property or persons, or to remedy damages which have already occurred. Such termination shall be effective upon the program administrator’s receipt of written notice of either suspension or termination.
