Limited Sources Justification and Approval Sample Clauses

Limited Sources Justification and Approval. Orders placed under Federal Supply Schedules are exempt from the requirements in Part 6. However, an ordering activity must justify its action when restricting consideration—
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Limited Sources Justification and Approval. (a) Orders placed under Federal Supply Schedules are exempt from the requirements in Part 6. However, an ordering activity must justify its action when restricting consideration— (1) Of schedule contractors to fewer than required in FAR 8.405-1 or 8.405-2; or (2) To an item peculiar to one manufacturer (e.g., a particular brand name, product, or a feature of a product, peculiar to one manufacturer). A brand name item, whether available on one or more schedule contracts, is an item peculiar to one manufacturer. Brand name specifications shall not be used unless the particular brand name, product, or feature is essential to the Government’s requirements, and market research indicates other companies’ similar products, or products lacking the particular feature, do not meet, or cannot be modified to meet, the agency’s needs. (b) Circumstances that may justify restriction cited in paragraph (a)(1) of this subsection include— (1) Only one source is capable of responding due to the unique or specialized nature of the work; (2) The new work is a logical follow-on to an original Federal Supply Schedule order provided that the original order was placed in accordance with the applicable Federal Supply Schedule ordering procedures. The original order must not have been previously issued under sole source or limited source procedures; (3) An urgent and compelling need exists, and following the ordering procedures would result in unacceptable delays. (c) Ordering activities shall procure such requirements only if the need to do so is justified in writing and approved at the levels specified in paragraphs (f) and (h) of this subsection. (d) Except as provided in paragraph (e) of this subsection, when an order contains brand name specifications, the ordering activity shall post the following information along with the Request for Quotation (RFQ) to e-Buy (xxxx://xxx.xxxx.xxx.xxx): (1) For proposed orders exceeding $25,000, but not exceeding the simplified acquisition threshold, the documentation required by paragraph (f) of this subsection. (2) For proposed orders exceeding the simplified acquisition threshold, the justification required by paragraph (g) of this subsection. (e) The posting requirement of paragraph (d) of this subsection does not apply when— (1) Disclosure would compromise the national security (e.g., would result in disclosure of classified information) or create other security risks. The fact that access to classified matter may be necessary to submit a...
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Limited Sources Justification and Approval. ( a) Or de r s pl a ced un de x X xxx r a l S u p- pl y S c h ed u les a r e exe m p t f r o m t h e r e- q u i r e m e n t s i n P a r t 6. Xxxxxx r , a n o r - de r i n g a c t ivi t y m u s t j u s t ify i t s a c t io n w h e n r es t r ic t i n g co n s ide r a t io n— (1) Of sc h ed u le co n t r a c t o r s t o fewe r t h a n r eq u i r ed i n 8.405–1 o r 8.405–2; o r (2) T o a n i t e m pec u li a r t o o n e m a nu- fa c t ur e r ( e.g., a p a r t ic u l a r b r a n d n a m e, p r od u c t , o r a fe a t ur e of a p r od u c t , pe- c u li a r t o o n e m a nufa c t ur e r ). A b r a n d n a m e i t e m , w h e t h e r a v a il a ble o n o n e o r m o r e sc h ed u le co n t r a c t s, i s a n i t e m pe- c u li a r t o o n e m a nufa c t ur e r . B r a n d n a m e specific a t io n s s h a ll n o t be u sed un less t h e p a r t ic u l a r b r a n d n a m e, p r od- u c t , o r fe a t ur e i s esse n t i a l t o t h e Gov- e rn m e n t ’s r eq u i r e m e n t s, a n d m a r k e t r ese a r c h i n dic a t es o t h e r co m p a n ies’ s i m il a r p r od u c t s, o r p r od u c t s l a c k i n g t h e p a r t ic u l a r fe a t ur e, do n o t m ee t , o r c a nn o t be m odified x x x ee t , t h e a ge n- c y’s n xxxx. ( b) Ci r c u m s t a n ces t h a t m a y j u s t ify r es t r ic t io n ci t ed i n p a r a g r a p h ( a)(1) of t h i s s u bsec t io x x x xx u de— (1) On l y o n e so ur xx x x x x x x ble of r e- spo n di n g d u e t o t h e un iq u e o r speci a l- ized n a t ur e of t h e wo r k ; (2) T h e n ew wo r k i s a logic a l follow- o n t o a n o r igi n a l F ede r a l S u ppl y S c h ed u le o r de r p r ovided t h a t t h e o r igi- n a l o r de r w a s pl a ced i n a cco r d a n ce wi t h t h e a pplic a ble F ede r a l S u ppl y S c h ed u le o r de r i n g p r oced ur es. T h e o r igi n a l o r de r m u s t n o t h a ve bee n p r e- vio u s l y iss u ed un de r sole so ur ce o r li m - i t ed so ur ce p r oced ur es; (3) A n ur ge n t a n d co m pelli n g n eed ex- i s t s, a n d followi n g t h e o r de r i n g p r oce- d ur es wo u ld r es u l t i n un a ccep t a ble del a y s. ( c) Or de r i n g a c t ivi t ies s h a ll p r oc ur e s u c h r eq u i r e m e n t s o n l y if t h e n eed t o do so i s j u s t ified i n w r i t i n g a n d a p- x x xxxx a t t h e levels specified i n p a r a- g r a p h s (f) a n d ( h) of t h i s s u bsec t io n . ( d) E xcep t a s p r ovided i n p a r a g r a p h ( e) of t h i s s u bsec t io ...
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Related to Limited Sources Justification and Approval

  • Review and Approval The Supplier confirms and agrees that it shall apply to receive ISR's written consent, wherever ISR's consent, explicitly or implied, is required according to this Agreement. This requirement and the provision of ISR consent, shall not derogate in any way from Supplier's responsibilities and liabilities under this Agreement, and ISR shall bear no responsibility or liability whatsoever in connection with the review (whether or not there are objections) and/or with any approval given to, or denied from, Supplier, with respect to any matter and/or document, including but without limitation, drawings, designs (at all phases), plans, tests or otherwise.

  • Authorization and Approvals No authorization or approval or other action by, and no notice to or filing with, any Governmental Authority is required for the due execution, delivery and performance by the Borrower, the Parent, or any Guarantor of the Credit Documents to which it is a party or the consummation of the transactions contemplated thereby. At the time of each Borrowing, no authorization or approval or other action by, and no notice to or filing with, any Governmental Authority will be required for such Borrowing or the use of the proceeds of such Borrowing the absence of which could reasonably be expected to cause a Material Adverse Change.

  • Regulatory Consents and Approvals All consents, approvals and actions of, filings with and notices to any Governmental or Regulatory Authority necessary to permit Purchaser and Seller to perform their obligations under this Agreement and the Operative Agreements and to consummate the transactions contemplated hereby and thereby (a) shall have been duly obtained, made or given, (b) shall be in form and substance reasonably satisfactory to Purchaser, (c) shall not be subject to the satisfaction of any condition that has not been satisfied or waived and (d) shall be in full force and effect, and all terminations or expirations of waiting periods imposed by any Governmental or Regulatory Authority necessary for the consummation of the transactions contemplated by this Agreement and the Operative Agreements shall have occurred.

  • Consents and Approval Except where expressly provided as being in the sole discretion of a Party, where agreement, approval, acceptance, consent, confirmation, notice or similar action by either Party is required under this Agreement, such action shall not be unreasonably delayed or withheld. An approval or consent given by a Party under this Agreement shall not relieve the other Party from responsibility for complying with the requirements of this Agreement, nor shall it be construed as a waiver of any rights under this Agreement, except as and to the extent otherwise expressly provided in such approval or consent.

  • Term and Approval This Agreement shall become effective with respect to a Fund after it is approved in accordance with the express requirements of the 1940 Act, and executed by the Trust, Adviser and Sub-Adviser and shall thereafter continue from year to year, provided that the continuation of the Agreement is approved in accordance with the requirements of the 1940 Act, which currently requires that the continuation be approved at least annually: (a) (i) by the Trust's Board of Trustees or (ii) by the vote of "a majority of the outstanding voting securities" of the Fund (as defined in Section 2(a)(42) of the 1940 Act), and (b) by the affirmative vote of a majority of the Trust's Trustees who are not parties to this Agreement or "interested persons" (as defined in the 0000 Xxx) of a party to this Agreement (other than as Trustees of the Trust), by votes cast in person at a meeting specifically called for such purpose.

  • Consent and Approval Such Party has sought or obtained, or, in accordance with this Agreement will seek or obtain, each consent, approval, authorization, order, or acceptance by any Governmental Authority in connection with the execution, delivery and performance of this Agreement, and it will provide to any Governmental Authority notice of any actions under this Agreement that are required by Applicable Laws and Regulations.

  • Requisite Regulatory Approvals All Consents required to be obtained from or made with any Governmental Authority in order to consummate the transactions contemplated by this Agreement shall have been obtained or made.

  • Authorizations and Approvals Each Borrower shall promptly obtain, from time to time at its own expense, all such Governmental Approvals as may be required to enable such Borrower to comply with its obligations, under the Loan Documents and its Constituent Documents, and to conduct its business in the customary fashion.

  • Authority and Approval (a) Each of the Partnership Parties has full limited partnership or limited liability company power and authority, as applicable, to execute and deliver this Agreement, to consummate the transactions contemplated hereby and to perform all of the terms and conditions hereof to be performed by it. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby and the performance of all of the terms and conditions hereof to be performed by the Partnership Parties have been duly authorized and approved, by all requisite limited partnership action or limited liability company action, as applicable, of each of the Partnership Parties. This Agreement has been duly executed and delivered by or on behalf of each of the Partnership Parties and constitutes the valid and legally binding obligation of each of them, enforceable against each of the Partnership Parties in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar laws affecting the enforcement of creditors’ rights and remedies generally and by general principles of equity (whether applied in a proceeding at law or in equity). (b) Each of the Partnership Parties has full limited partnership or limited liability company power and authority, as applicable, to execute and deliver each Partnership Ancillary Document to which it is a party, to consummate the transactions contemplated thereby and to perform all of the terms and conditions thereof to be performed by it. The execution and delivery of each of the Partnership Ancillary Documents, the consummation of the transactions contemplated thereby and the performance of all of the terms and conditions thereof to be performed by each of the Partnership Parties which is a party thereto have been duly authorized and approved, by all requisite limited partnership action or limited liability company action, as applicable, of each such party. When executed and delivered by each of the Partnership Parties party thereto, each Partnership Ancillary Document will constitute a valid and legally binding obligation of each of the Partnership Parties that is a party thereto, enforceable against each such Partnership Party in accordance with its terms, except as such enforcement may be limited by applicable bankruptcy, insolvency, reorganization, moratorium, fraudulent conveyance or other similar laws affecting the enforcement of creditors’ rights and remedies generally and by general principles of equity (whether applied in a proceeding at law or in equity).

  • Updated Information Submission by Interconnection Customer The updated information submission by the Interconnection Customer, including manufacturer information, shall occur no later than one hundred eighty (180) Calendar Days prior to the Trial Operation. The Interconnection Customer shall submit a completed copy of the Electric Generating Unit data requirements contained in Appendix 1 to the LGIP. It shall also include any additional information provided to the Participating TO and the CAISO for the Interconnection Studies. Information in this submission shall be the most current Electric Generating Unit design or expected performance data. Information submitted for stability models shall be compatible with the Participating TO and CAISO standard models. If there is no compatible model, the Interconnection Customer will work with a consultant mutually agreed to by the Parties to develop and supply a standard model and associated information.

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