Common use of Procurement and State Aid Clause in Contracts

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law including the Public Contracts Regulations 2015, GLA Contracts Code and underlying European Union Procurement Directives if applicable. For the avoidance of doubt: (i) 3 or more written quotations must be sought in respect of purchases with values between £10,000.00 and £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with the Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of purchases with values exceeding £150,000.00; and c) in accordance with government best practice relating to procurement practices and procedures; and 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for the application of the Block Exemptions or notification and approval by the Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the enterprise in question; and d) permit the Authority its auditors and agents access to the Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Innovation and Skills and European Commission. 8.5 The Recipient shall notify the Authority when the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point in order that if the Recipient envisages that Relevant Enterprise’s continued participation in the Project the Authority may consider what measures will have to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid; b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(d).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: (a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; (b) in accordance with all relevant law and policies including the Public Contracts Regulations 2015, 2015 and GLA Contracts Code and underlying European Union Procurement Directives if applicableFunding Code. For the avoidance of doubt: (i) 3 three or more written quotations must be sought in respect of purchases with values between £10,000.00 and £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with the Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of purchases with values exceeding £150,000.00; and (c) in accordance with government best practice relating to procurement practices and procedures; and. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: (a) obtain a completed De Minimis Disclosure Form from the enterprise Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; (b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that enterprise Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; (c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years after the date on which the Relevant Aid is provided to the enterprise Relevant Enterprise in question; and (d) permit the Authority Authority, its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Innovation Business, Energy & Industrial Strategy and Skills and the European Commission. 8.5 The Recipient shall notify the Authority when when; (a) the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point in order that if Point; and (b) the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project Project. 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures will have need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules rules, including (without limitation) directing the Recipient: (a) not to provide the Relevant Enterprise with any further Relevant Aid;; or (b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 8.7 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 8.8 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 8.9 The Authority may monitor the Recipient’s compliance with the requirements of this clause Clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause Clause 7.1(d).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; b) in accordance with all relevant law and policies including the Public Contracts Regulations 2015, GLA Contracts and Funding Code and underlying European Union Procurement Directives if applicable. For the avoidance of doubt: (i) 3 three or more written quotations must be sought in respect of purchases with values between £10,000.00 and £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with the Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of purchases with values exceeding £150,000.00; and c) in accordance with government best practice relating to procurement practices and procedures; and. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project or otherwise from the Authority or any other public body or public source) the Recipient shall: a) obtain a completed De Minimis Disclosure Form from the enterprise Relevant Enterprise before allowing it to participate in the Project, providing it with any Relevant Aid or releasing any funding to it; b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that enterprise Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years Financial Years after the date on which the Relevant Aid is provided to the enterprise Relevant Enterprise in question; and d) permit the Authority its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Innovation Business, Energy & Industrial Strategy and Skills and the European Commission. 8.5 The Recipient shall notify the Authority when when: a) the value of Relevant Aid provided under the Project to any single Relevant Enterprise reaches the Relevant Aid Trigger Point in order that if Point; and b) the Recipient envisages that the Relevant Enterprise’s continued participation is required in the Project Project 8.6 Following the Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures will have need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules including (without limitation) directing the Recipient: a) not to provide the Relevant Enterprise with any further Relevant Aid;; or b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 8.7 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 8.8 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 The Authority may monitor the Recipient’s compliance with the requirements of this clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(d).

Procurement and State Aid. 8.1 All procurement of works, equipment, goods and services shall be based on value for money and suitable skills and experience and conducted: (a) using a fair and transparent documented decision making process taking account of public sector accountability and probity; (b) in accordance with all relevant law and policies including the Public Contracts Regulations 2015, 2015 and GLA Contracts Code and underlying European Union Procurement Directives if applicableFunding Code. For the avoidance of doubt: (i) 3 three or more written quotations must be sought in respect of purchases with values between £10,000.00 and £150,000.00 (inclusive); and (ii) an advertised competitive tender exercise (in accordance with the Public Contracts Regulations 2015 where the thresholds therein are met/exceeded) must be conducted in respect of purchases with values exceeding £150,000.00; and (c) in accordance with government best practice relating to procurement practices and procedures; and. 8.2 In accepting and disbursing the GLA Funding the Recipient shall comply with all applicable European Union rules on State Aid and shall ensure that all requirements for the application of the Block Exemptions or notification and approval by the European Commission under such rules are met. 8.3 Unless otherwise notified by the Authority when utilising the GLA Funding to fund Relevant Aid to a Relevant Enterprise under the Project any Proposal (whether directly by the Recipient itself or by funding the Relevant Enterprise in question to do so) the Recipient shall ensure that such aid is provided as “de minimis aid” in accordance with the De Minimis Aid Exemption. 8.4 In order to prevent any single Relevant Enterprise receiving aid in excess of the De Minimis Threshold (whether under the Project a Proposal or otherwise from the Authority or any other public body or public source) the Recipient shall: (a) obtain a completed De Minimis Disclosure Form from the enterprise Relevant Enterprise before allowing it to participate in the ProjectProposal, providing it with any Relevant Aid or releasing any funding to it; (b) only provide Relevant Aid to a Relevant Enterprise when satisfied that doing so will not raise the total amount of Relevant Aid received by that enterprise Relevant Enterprise from the Authority or any other public body or public source above the De Minimis Threshold; (c) maintain copies of the De Minimis Disclosure Forms and information about the amount and nature of the Relevant Aid provided for a period (in each and every case) of ten financial years Financial Years after the date on which the Relevant Aid is provided to the enterprise Relevant Enterprise in question; and (d) permit the Authority Authority, its auditors and agents access to the De Minimis Disclosure Forms and to any other related records and information it considers necessary for assessing whether relevant State Aid rules have been complied with within ten (10) working days of a request for the same which the Authority may then disclose to the Department of Business Innovation Business, Energy & Industrial Strategy and Skills and the European Commission. 8.5 The Recipient shall notify the Authority when when; (a) the value of Relevant Aid provided under the Project any Proposal to any single Relevant Enterprise reaches the Relevant Aid Trigger Point in order that if Point; and (b) the Recipient envisages that the Relevant Enterprise’s continued participation is required in a Proposal. 8.6 Following the Project Recipient notifying the Authority in accordance with Clause 8.5, the Authority may consider what measures will have need to be implemented to ensure that any further Relevant Aid received by the Relevant Enterprise complies with State Aid rules rules, including (without limitation) directing the Recipient: (a) not to provide the Relevant Enterprise with any further Relevant Aid;; or (b) to utilise the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure. 8.6 8.7 If the Authority directs it to do so the Recipient shall itself complete a De Minimis Disclosure Form in respect of any portion of the GLA Funding utilised by the Recipient that the Authority considers to be Relevant Aid to the Recipient as a Relevant Enterprise and shall fully cooperate with the Authority in utilising the Block Exemptions or any other applicable exemption or European Commission notification and approval procedure to comply with State Aid rules. 8.7 8.8 The Authority reserves the right to vary the requirements relating to State Aid in line with changes to relevant European legislation from time to time. 8.8 8.9 The Authority may monitor the Recipient’s compliance with the requirements of this clause Clause 8 (where applicable) and for the avoidance of doubt any failure to comply with such requirements (where applicable) shall be deemed a breach of a material term or condition of this Agreement for the purposes of clause 7.1(dClause 7.1(e).