Common use of CONSULTANT’S SUBMISSION Clause in Contracts

CONSULTANT’S SUBMISSION. The Consultant: acknowledges that: in its submission for inclusion on the Panel it made promises, undertakings and representations; the Commonwealth has entered into this Panel Agreement in reliance upon those promises, undertakings and representations; and the requirements of the Panel Agreement are minimum requirements for the Services only and do not limit the Consultant's obligations under any Engagement; and where requested by the Commonwealth, must perform or otherwise fulfil those promises, undertakings and representations, whether in the performance of any specific Services under any Engagement or otherwise. quality assurance The Consultant: must implement the quality assurance process, system or framework in its submission for inclusion on the Panel; must allow the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth access to the quality assurance process, system or framework of the Consultant and its subconsultants so as to enable auditing or other monitoring; and will not be relieved from compliance with any of its Panel obligations or from any of its liabilities whether under the Panel Agreement, any Terms of Engagement or otherwise according to law as a result of: the implementation of, and compliance with, the quality assurance requirements of the Panel Agreement or Terms of Engagement; any direction by the Commonwealth's Panel Manager concerning the Consultant's quality assurance process, system or framework or its compliance or non compliance with the process, system or framework; any audit or other monitoring by the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth of the Consultant's compliance with the quality assurance process, system or framework; or any failure by the Commonwealth's Panel Manager, or anyone else acting on behalf of the Commonwealth, to detect: all or any part of the Consultant's performance of its obligations under the Panel Agreement; or any Services, which are not in accordance with the requirements of the Panel Agreement or Terms of Engagement (as the case may be), including where any such failure arises from any negligence on the part of the Commonwealth's Panel Manager or other person.

CONSULTANT’S SUBMISSION. The Consultant: acknowledges that: in its submission for inclusion on the Panel it made promises, undertakings and representations; the Commonwealth has entered into this Panel Agreement in reliance upon those promises, undertakings and representations; and the requirements of the Panel Agreement are minimum requirements for the Services only and do not limit the Consultant's obligations under any Engagement; and where requested by the Commonwealth, must perform or otherwise fulfil those promises, undertakings and representations, whether in the performance of any specific Services under any Engagement or otherwise; and without limiting paragraphs (a) and (b), must comply with any undertakings or representations it made in its submission for inclusion on the Panel relating to ensuring the security of Confidential Information and Sensitive and Classified Information. quality assurance The Consultant: must implement the quality assurance process, system or framework in its submission for inclusion on the Panel; must allow the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth access to the quality assurance process, system or framework of the Consultant and its subconsultants so as to enable auditing or other monitoring; and will not be relieved from compliance with any of its Panel obligations or from any of its liabilities whether under the Panel Agreement, any Terms of Engagement or otherwise according to law as a result of: the implementation of, and compliance with, the quality assurance requirements of the Panel Agreement or Terms of Engagement; any direction by the Commonwealth's Panel Manager concerning the Consultant's quality assurance process, system or framework or its compliance or non non-compliance with the process, system or framework; any audit or other monitoring by the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth of the Consultant's compliance with the quality assurance process, system or framework; or any failure by the Commonwealth's Panel Manager, or anyone else acting on behalf of the Commonwealth, to detect: all or any part of the Consultant's performance of its obligations under the Panel Agreement; or any Services, which are not in accordance with the requirements of the Panel Agreement or Terms of Engagement (as the case may be), including where any such failure arises from any negligence on the part of the Commonwealth's Panel Manager or other person; and must, if it receives a notice of non-complying services under the Terms of Engagement in respect of any Engagement: update its quality assurance process, system or framework to ensure that it is adequate to prevent a reoccurrence of that non-complying service in that or similar Engagements; and take any other steps necessary to avoid a reoccurrence of the non-complying Services in that or similar Engagements, and must upon request provide evidence of its compliance with subparagraphs (i) and (ii) to the Commonwealth's Panel Manager.

CONSULTANT’S SUBMISSION. The Consultant: acknowledges that: in its submission for inclusion on the Panel it made promises, undertakings and representations; the Commonwealth has entered into this Panel Agreement in reliance upon those promises, undertakings and representations; and the requirements of the Panel Agreement are minimum requirements for the Services only and do not limit the Consultant's obligations under any Engagement; and where requested by the Commonwealth, must perform or otherwise fulfil those promises, undertakings and representations, whether in the performance of any specific Services under any Engagement or otherwise; and without limiting paragraphs (a) and (b), must comply with any undertakings or representations it made in its submission for inclusion on the Panel relating to ensuring the security of Confidential Information and Sensitive and Classified Information. quality assurance The Consultant: must implement the quality assurance process, system or framework in its submission for inclusion on the Panel; must allow the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth access to the quality assurance process, system or framework of the Consultant and its subconsultants so as to enable auditing or other monitoring; and will not be relieved from compliance with any of its Panel obligations or from any of its liabilities whether under the Panel Agreement, any Terms of Engagement or otherwise according to law as a result of: the implementation of, and compliance with, the quality assurance requirements of the Panel Agreement or Terms of Engagement; any direction by the Commonwealth's Panel Manager concerning the Consultant's quality assurance process, system or framework or its compliance or non non-compliance with the process, system or framework; any audit or other monitoring by the Commonwealth's Panel Manager or anyone else acting on behalf of the Commonwealth of the Consultant's compliance with the quality assurance process, system or framework; or any failure by the Commonwealth's Panel Manager, or anyone else acting on behalf of the Commonwealth, to detect: all or any part of the Consultant's performance of its obligations under the Panel Agreement; or any Services, which are not in accordance with the requirements of the Panel Agreement or Terms of Engagement (as the case may be), including where any such failure arises from any negligence on the part of the Commonwealth's Panel Manager or other person; and must, if it receives a notice of non-complying services under the Terms of Engagement in respect of any Engagement: update its quality assurance system to ensure that it is adequate to prevent a reoccurrence of that non-complying service in that or similar Engagements; and take any other steps necessary to avoid a reoccurrence of the non-complying Services in that or similar Engagements, and must upon request provide evidence of its compliance with subparagraphs (i) and (ii) to the Commonwealth's Panel Manager.