Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC and shall: (i) in consultation with the Equipment Steering Committee, finalize the lists of Not- In-Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee; (ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment; (iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, and good purchasing and procurement practices; (iv) in respect of Not-In-Contract Equipment, comply with such procurement processes; (v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC and Project Co; (vi) manage the procurement of all Equipment, including: (A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors; (B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co; (C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors; (D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld; (E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and (F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC requires, acting reasonably, to discharge its obligations under this Section 21; (vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and (viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in the Final Commissioning Plan. (b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information: (i) item description, item number, and quantities; (ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item; (iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTC, and any other benefits of the recommendation; (iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility; (v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor; (vi) details of training for all applicable CTC staff; (vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor; (viii) the dates and times when the items shall be delivered to the Site; (ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment; (x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts; (xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof; (xii) any Taxes applicable to the items; (xiii) if so requested by the CTC Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC Representative; and (xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items. (c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items: (i) instruct Project Co to proceed with the procurement; (ii) withdraw the requirement for Project Co to proceed with the procurement; (iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or (iv) reject any Not-In-Contract Equipment vendor or item. (d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC CAMH and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC CAMH Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the Equipment building system requirements for and layout the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving of any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, CAMH policies and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC CAMH and Project Co;
(vi) manage the procurement of all Equipment, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of preparing all purchase orders and other contracts to be entered into by CAMH with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment[Intentionally Deleted]; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC CAMH requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment; and
(ix) for a one year period following Substantial Completion, coordinate and manage any warranty issues with the Equipment as designated in the Final Commissioning Planvendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCCAMH, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC CAMH staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST GST and RST and net of all direct or indirect discounts, rebates, refunds, charge-backschargebacks, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC CAMH Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC CAMH may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC CAMH Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC CAMH may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC CAMH Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC CAMH may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager and payment agent for the CTC Project Co Equipment and the Additional Project Co Equipment and in so doing, shall:,
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Project Co Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering CommitteeIO Representative;
(ii) in consultation with the Equipment Steering Committee, review the Equipment, MCSCS Equipment and Existing Equipment building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out and incorporate the Equipment, MCSCS Equipment and the Existing Equipment, as applicable, Equipment onto the design drawings for reconciliation with the services and space designed prior to purchasing purchasing, moving, installing or moving reinstalling any Equipment, MCSCS Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, IO policies and good purchasing and procurement practices, and shall, notwithstanding the generality of the foregoing, ensure that each procurement process solicits proposals from at least three different suppliers provided that if it is not possible to solicit from three different suppliers for specific Project Co Equipment or Additional Project Co Equipment, the Equipment Steering Committee may approve the issuance of an Equipment RFP for fewer than three different suppliers;
(iv) in respect of Not-In-Contract Equipment, comply with such the procurement processesprocesses established in accordance with Section 21.3(a)(iii);
(v) in consultation with respect to Project Co Equipment and Additional Project Co Equipment, prepare the Equipment RFP which shall incorporate the applicable provisions of this Section 21 and which shall be approved by the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC and Project Co;
(vi) manage the procurement of Project Co Equipment and Additional Project Co Equipment so as to bundle the purchase of all Project Co Equipment and Additional Project Co Equipment to minimize the number of Equipment RFPs issued to the extent reasonably possible, thereby minimizing the number of Monthly Equipment Payments;
(vii) with respect to Project Co Equipment and Additional Project Co Equipment, comply with the requirements of any equipment vendor of record program in place on or before the time of issuance of the Equipment RFP as specified by IO;
(viii) with respect to the procurement of Project Co Equipment and Additional Project Co Equipment, manage the Equipment RFP process, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Project Co Equipment or Additional Project Co Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;; and
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC Equipment Steering Committee requires, acting reasonably, to discharge its obligations under this Section 21;
(viiix) with respect to Project Co Equipment and Additional Project Co Equipment, in accordance with the Equipment Procurement DocumentationRFP, act as a single point of contact for all Equipment vendors; andequipment vendors with respect to all such procurement and installation issues as more particularly specified in this Section 21;
(viiix) test and calibrate any Project Co Equipment and Additional Project Co Equipment not tested and calibrated by equipment vendors and coordinate the acceptance testing of all Project Co Equipment and Additional Project Co Equipment;
(xi) with respect to Project Co Equipment and Additional Project Co Equipment, for a one-year period following the relevant Substantial Completion at the Facility in respect of which the Project Co Equipment and Additional Project Co Equipment is or will be situated, coordinate and manage any warranty issues with the equipment vendors; and
(xii) perform such other duties and responsibilities as designated set out in the Final Commissioning Plan.
Section 21. (b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Project Co Equipment or Additional Project Co Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCIO, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the a Facility and the relevant areas within the corresponding Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC IO staff;
(vii) Not-In-Contract Equipment equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment equipment vendor;
(viii) the dates and times when the items shall be delivered to the relevant Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Project Co Equipment and Additional Project Co Equipment that effectively reduce the net selling price of such Not-In-Contract Project Co Equipment or Additional Project Co Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC IO Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC IO may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC IO Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC WCH and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- InNot-In- Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC WCH Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC WCH policies, CTC WCH buying agreements, and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC WCH and Project Co;
(vi) manage the procurement of all EquipmentEquipment (except for any WCH Early Procured In- Contract Equipment for which the procurement process has been completed by the date of this Project Agreement), including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract EquipmentEquipment (except for any WCH Early Procured In-Contract Equipment for which the procurement process has been completed by the date of this Project Agreement), as approved by the CTC, such approval not to be unreasonably withheldWCH;
(E) the entry by the CTC WCH of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC WCH requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in Part 5 of Schedule 15 – Output Specifications.
(ix) for a one-year period following Interim Completion, coordinate and manage any warranty issues with the Final Commissioning PlanPhase 1 Equipment vendors; and
(x) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Phase 2 Equipment vendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCWCH, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC WCH staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC WCH Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC WCH may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC WCH Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC WCH may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC WCH Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC WCH may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC HRRH and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists of Not- InNot-In- Contract Equipment in Section B and Section C of Part 2 5 of Schedule 15 - and Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC HRRH Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC HRRH policies, CTC HRRH buying agreements, and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC HRRH and Project Co;
(vi) manage the procurement of all EquipmentEquipment (except for any HRRH Early Procured In- Contract Equipment for which the procurement process has been completed by the date of this Project Agreement), including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract EquipmentEquipment (except for any HRRH Early Procured In-Contract Equipment for which the procurement process has been completed by the date of this Project Agreement), as approved by the CTCHRRH, such approval not to be unreasonably withheld;
(E) the entry by the CTC HRRH of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC HRRH requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in Section 3.4 of Part 3 of Schedule 15 – Output Specifications; and
(ix) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Final Commissioning PlanEquipment vendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCHRRH, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC HRRH staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-In- Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC HRRH Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC HRRH may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC HRRH Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC HRRH may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC HRRH Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC HRRH may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC SMH and shall:
(i) in consultation with the Equipment Steering Committee, update and finalize the lists of Not- Not-In-Contract Equipment and Existing Equipment set out in Part 2 4 of Schedule 15 - – Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC SMH Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the layout in respect of the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect upon the request of Not-In-Contract EquipmentSMH, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC and Project Co;
(vi) manage the procurement of all Equipment, including:
(A) providing provide advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(Biv) assisting upon the request of SMH, assist the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(Cv) assisting upon the request of SMH, assist the Equipment Steering Committee with the selection of tenders, quotations or proposals received from Not-In-Contract Equipment vendors;; and
(Dvi) manage and perform the entering into by Project Co procurement of all In-Contract Equipment (except, for clarity, in respect of any SMH Early Procured In-Contract Equipment for which the procurement was completed by Financial Close), which includes, but is not limited to, the responsibility for executing any purchase orders orders, contracts, manufacturer’s installation invoices and other contracts with respect documentation related to the In-In- Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheldSMH;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(Fvii) in respect of Not-In-Contract Equipment, providing such documentation as the CTC SMH requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in the Final Commissioning Plan.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement Part 4 of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTC, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;Schedule 15 – Output Specifications; and
(ix) all costsduring each Warranty Period, coordinate and manage any warranty issues with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-In- Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such itemsvendors.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC SJHC and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC SJHC Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the Equipment building system requirements for and layout the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving of any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, SJHC policies and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC SJHC and Project Co;
(vi) manage the procurement of all Equipment, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by SJHC of all purchase orders and other contracts with respect to the Equipment other than the Equipment which are identified in Part 3C of Schedule 15 – Output Specifications under the category “In- Contract”;
(E) the entering into by Project Co of all purchase orders and other contracts with respect to the Equipment which are identified in Part 3C of Schedule 15 – Output Specifications under the category “In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract EquipmentContract”; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC SJHC requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment; and
(ix) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Equipment as designated in the Final Commissioning Planvendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCSJHC, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC SJHC staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the SiteSites;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backschargebacks, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC SJHC Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC SJHC may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC SJHC Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC SJHC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC SJHC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC SJHC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists of Not- In-Contract Equipment in Part 2 3.3 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC and Project Co;
(vi) manage the procurement of all Equipment, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in the Final Commissioning PlanProgram.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTC, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall will act as purchasing and procurement manager and payment agent for the CTC Project Co Equipment and the Additional Project Co Equipment and in so doing, shall:,
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Project Co Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering CommitteeIO Representative;
(ii) in consultation with the Equipment Steering Committee, review the Project Co Equipment, Additional Project Co Equipment and MCSCS Equipment building system requirements for and layout the Project Co Equipment, Additional Project Co Equipment and the Existing Equipment, as applicable, and lay out the MCSCS Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving of any Project Co Equipment, Additional Project Co Equipment or Existing MCSCS Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, IO policies and good purchasing and procurement practices, and shall, notwithstanding the generality of the foregoing, ensure that each procurement process solicits proposals from at least three different suppliers provided that if it is not possible to solicit from three different suppliers for specific Project Co Equipment or Additional Project Co Equipment, the Equipment Steering Committee may approve the issuance of an Equipment RFP for fewer than three different suppliers;
(iv) in respect of Not-In-Contract Equipment, comply with such the procurement processesprocesses established in accordance with Section 21.3(a)(iii);
(v) in consultation with respect to Project Co Equipment and Additional Project Co Equipment, prepare the Equipment RFP which shall incorporate the applicable provisions of this Section 21 and which shall be approved by the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC and Project Co;
(vi) manage the procurement of Project Co Equipment and Additional Project Co Equipment so as to bundle the purchase of all Project Co Equipment and Additional Project Co Equipment to minimize the number of Equipment RFPs issued to the extent reasonably possible, thereby minimizing the number of Monthly Equipment Payments;
(vii) with respect to Project Co Equipment and Additional Project Co Equipment, comply with the requirements of any equipment vendor of record program in place at the time of issuance of the Equipment RFP as specified by IO;
(viii) with respect to the procurement of Project Co Equipment and Additional Project Co Equipment, manage the Equipment RFP process, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Project Co Equipment or Additional Project Co Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;; and
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC Equipment Steering Committee requires, acting reasonably, to discharge its obligations under this Section 21;
(viiix) with respect to Project Co Equipment and Additional Project Co Equipment, in accordance with the Equipment Procurement DocumentationRFP, act as a single point of contact for all Equipment vendors; andequipment vendors with respect to all such procurement and installation issues as more particularly specified in this Section 21;
(viiix) test and calibrate any Project Co Equipment and Additional Project Co Equipment not tested and calibrated by equipment vendors and coordinate the acceptance testing of all Project Co Equipment and Additional Project Co Equipment;
(xi) with respect to Project Co Equipment and Additional Project Co Equipment, for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the equipment vendors; and
(xii) perform such other duties and responsibilities as designated set out in the Final Commissioning Plan.
Section 21. (b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Project Co Equipment or Additional Project Co Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCIO, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC IO staff;
(vii) Not-In-Contract Equipment equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST GST and RST and net of all direct or indirect discounts, rebates, refunds, charge-backschargebacks, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Project Co Equipment and Additional Project Co Equipment that effectively reduce the net selling price of such Not-In-Contract Project Co Equipment or Additional Project Co Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC IO Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC IO may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC IO Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC HMQ and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s Co‟s Design Data and the latest information available from the CTC HMQ Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the Equipment building system requirements for and layout the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving of any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, HMQ policies and good purchasing and procurement practices;
(iv) in respect practices for Not- In-Contract Equipment, notwithstanding the generality of the foregoing, ensure that each procurement process solicits proposals from at least three different suppliers provided that if it is not possible to solicit from three different suppliers for specific Not-In-Contract Equipment, the Equipment Steering Committee may approve the issuance of an Equipment RFP for fewer than three different suppliers;
(iv) comply with such procurement processesprocesses for Not-In-Contract Equipment;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC HMQ and Project Co;
(vi) manage the procurement of all Not-In-Contract Equipment, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors by clearly delineating the costs and performance of the subject Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts entered into with respect to the Not-In-Contract Equipment; and
(FE) in respect of Not-In-Contract Equipment, providing such documentation as the CTC HMQ requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) manage the procurement of Not-In-Contract Equipment so as to bundle the purchase of all such Not-In-Contract Equipment to minimize the number of Equipment RFPs issued to the extent reasonably possible, thereby minimizing the number of Monthly Equipment Payments;
(ix) test and calibrate coordinate any Not-In-Contract Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in the Final Commissioning Plan.equipment vendors; and
(bx) Based on for the tendersperiod between Substantial Completion and PGW Substantial Completion, quotations coordinate and proposals received from manage any warranty issues with the Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTC, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC HHS and shall:
(i) in consultation with the Equipment Steering Committee, update and finalize the lists of Not- Not-In-Contract Equipment and Existing Equipment set out in Part 2 7 of Schedule 15 - – Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC HHS Representative and update the budget at least quarterly, or as otherwise agreed, for Not-Not- In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the layout in respect of the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC HHS policies, CTC HHS buying agreements, and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC HHS and Project Co;
(vi) manage the procurement of all EquipmentEquipment (except, for clarity, in respect of any HHS Early Procured Not-In-Contract Equipment for which the procurement process has been completed by Financial Close, if any), including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals received from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheldHHS;
(E) the entry by the CTC HHS of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC HHS requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in Part 7 of Schedule 15 – Output Specifications; and
(ix) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Final Commissioning PlanEquipment vendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCHHS, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC HHS staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-In- Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC HHS Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC HHS may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC HHS Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b), the CTC may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall plan, procure (subject to Section 21.3), install, and commission (including testing, training and acceptance) In-Contract Equipment in consultation with the Equipment Steering Committee. For clarity, the award for In-Contract Equipment must be approved by the Equipment Steering Committee, such approval not to be unreasonably withheld.
(b) Project Co shall act as purchasing and procurement manager for the CTC JBH and shall:
(i) in consultation with the Equipment Steering Committee, update and finalize the lists of Not- Not-In-Contract Equipment, Existing Equipment and JBH Separate Equipment set out in Sections B and Section C of Part 2 4 of Schedule 15 - – Output Specifications based on the development of Project Co’s Design Data and the latest information available from the CTC JBH Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the building system requirements for the Equipment and the Existing Equipment, as applicable, and lay out the layout in respect of the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment (except, for clarity, the JBH Procured Not-In-Contract Equipment), in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC JBH policies, CTC JBH buying agreements, the Ontario Broader Public Sector Procurement Directive issued by Management Board of Cabinet on July 1, 2011 (as updated or revised from time to time) and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment (except, for clarity, the JBH Procured Not-In-Contract Equipment), comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “Equipment Procurement Documentation”), which shall, subject to Section 21.2(a), be in form and substance satisfactory to the CTC JBH and Project Co;
(vi) manage the procurement of all Equipment (except, for clarity, the JBH Early Procured In-Contract Equipment for which the procurement was completed by the date of this Project Agreement, and the JBH Procured Not-In-Contract Equipment), including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals received from Not-In-Contract Equipment vendors;
(D) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTCJBH, such approval not to be unreasonably withheld;
(E) the entry by the CTC JBH of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC JBH requires, acting reasonably, to discharge its obligations under this Section 21;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment as designated in Part 4 of Sections A, B and C of Schedule 15 – Output Specifications; and
(ix) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Final Commissioning PlanEquipment vendors, and track costs and consumables associated with warranty claims.
(bc) Based on the tenders, quotations and proposals received from Equipment vendors (which for clarity does not include JBH Procured Not-In Contract Equipment and JBH Early Procured In-Contract Equipment vendorsfor which procurement was completed by the date of this Project Agreement), Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment (except, for clarity, the JBH Procured Not-In-Contract Equipment). Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCJBH, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC JBH staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Equipment vendor and for clarity does not include JBH Procured Not-In-In Contract Equipment vendorEquipment;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST and net of all direct or indirect discounts, rebates, refunds, charge-backs, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC Representative, a an electronic copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC JBH may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC JBH Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(cd) In response to any recommendation made by Project Co in accordance with Section 21.4(b(c), the CTC JBH may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Equipment vendor or item, and for clarity does not include JBH Procured Not-In Contract Equipment and JBH Early Procured In-Contract Equipment vendor or itemfor which procurement was completed by the date of this Project Agreement.
(de) Project Co shall provide to the CTC JBH Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC JBH may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b(c).
Appears in 1 contract
Samples: Project Agreement
Project Co Procurement Responsibilities. (a) Project Co shall act as purchasing and procurement manager for the CTC NHS and shall:
(i) in consultation with the Equipment Steering Committee, finalize the lists list of Not- In-Contract Equipment in Part 2 of Schedule 15 - Output Specifications based on the development of Project Co’s 's Design Data and the latest information available from the CTC NHS Representative and update the budget at least quarterly, or as otherwise agreed, for Not-In-Contract Equipment for approval by the Equipment Steering Committee;
(ii) in consultation with the Equipment Steering Committee, review the Equipment building system requirements for and layout the Equipment and the Existing Equipment, as applicable, and lay out the Equipment and the Existing Equipment, as applicable, onto the design drawings for reconciliation with the services and space designed prior to purchasing or moving of any Equipment or Existing Equipment;
(iii) in respect of Not-In-Contract Equipment, in consultation with the Equipment Steering Committee, establish procurement processes that are fair, open and competitive, all in accordance with any applicable CTC policies, CTC buying agreements, NHS policies and good purchasing and procurement practices;
(iv) in respect of Not-In-Contract Equipment, comply with such procurement processes;
(v) in consultation with the Equipment Steering Committee, prepare tenders, quotations or requests for proposal (the “"Equipment Procurement Documentation”"), which shall, subject to Section 21.2(a22.2(a), be in form and substance satisfactory to the CTC NHS and Project Co;
(vi) manage the procurement of all Equipment, including:
(A) providing advice to the Equipment Steering Committee in respect of the evaluation of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(B) assisting the Equipment Steering Committee in the review of the tenders, quotations or proposals from Not-In-Contract Equipment vendors by clearly delineating the costs and performance of the Not-In-Contract Equipment, the training methods and values, the testing and calibration protocols, the acceptable end results and the party responsible for such testing, be it the vendor, a third party or individuals engaged by Project Co;
(C) assisting the Equipment Steering Committee with the selection of tenders, quotations or proposals from Not-In-Contract Equipment vendors;
(D) the entering into by NHS of all purchase orders and other contracts with respect to the Medical Equipment;
(E) the entering into by Project Co of all purchase orders and other contracts with respect to the In-Contract Equipment, as approved by the CTC, such approval not to be unreasonably withheld;
(E) the entry by the CTC of all purchase orders and other contracts with respect to the Not-In-Contract Equipment; and
(F) in respect of Not-In-Contract Equipment, providing such documentation as the CTC NHS requires, acting reasonably, to discharge its obligations under this Section 2122;
(vii) in accordance with the Equipment Procurement Documentation, act as a single point of contact for all Equipment vendors; and;
(viii) test and calibrate any Equipment not tested and calibrated by vendors and coordinate the acceptance testing of all Equipment; and
(ix) for a one-year period following Substantial Completion, coordinate and manage any warranty issues with the Equipment as designated in the Final Commissioning Planvendors.
(b) Based on the tenders, quotations and proposals received from Not-In-Contract Equipment vendors, Project Co shall make recommendations to the Equipment Steering Committee for the procurement of each item of Not-In-Contract Equipment. Each such recommendation shall include the following information:
(i) item description, item number, and quantities;
(ii) the manufacturer, model number, vendor, specifications and options (including recommended or required accessories) for the item;
(iii) an analysis and recommendation as to which make, model number and vendor of the item provides the overall best value for the CTCNHS, and any other benefits of the recommendation;
(iv) an analysis of the effect of the items on the overall design of the Facility and the relevant areas within the Facility;
(v) details of the warranties, vendor installation, service agreements, training, supplies, spare parts and start-up consumables included with the items by the relevant manufacturer or vendor;
(vi) details of training for all applicable CTC NHS staff;
(vii) Not-In-Contract Equipment acceptance testing procedures (including, without limitation, the results and guidelines for acceptance) proposed by the relevant Not-In-Contract Equipment vendor;
(viii) the dates and times when the items shall be delivered to the Site;
(ix) all costs, with a breakdown of applicable HST GST and RST and net of all direct or indirect discounts, rebates, refunds, charge-backschargebacks, credits, price adjustments or any other allowances obtained across all categories of Not-In-Contract Equipment that effectively reduce the net selling price of such Not-In-Contract Equipment;
(x) the total amounts and timing of cash flows required to implement the recommendation and the full details of the calculation of such amounts;
(xi) whether the procurement is a purchase, a lease, part of a managed equipment program, based on usage pricing or any other arrangement, and the terms and timing of payments thereof;
(xii) any Taxes applicable to the items;
(xiii) if so requested by the CTC NHS Representative, a copy of each quote or proposal and all other relevant information in respect of the items and such other documentation as the CTC NHS may reasonably require, all of which shall be provided on a fully transparent and open basis to the CTC NHS Representative; and
(xiv) if no tenders, quotations and proposals are available or have been received by Project Co, an alternate recommended course of action for procurement by Project Co, including possible substitutes for such items.
(c) In response to any recommendation made by Project Co in accordance with Section 21.4(b22.4(b), the CTC NHS may do any of the following with respect of some or all of the items:
(i) instruct Project Co to proceed with the procurement;
(ii) withdraw the requirement for Project Co to proceed with the procurement;
(iii) increase or decrease the quantities of any item, require the procurement of other items in substitution for such items or otherwise change the items to be procured or the terms on which such items are to be procured; or
(iv) reject any Not-In-Contract Equipment vendor or item.
(d) Project Co shall provide to the CTC NHS Representative, as soon as reasonably practicable following a request therefor, such additional information as the CTC NHS may require in respect of any recommendation made by Project Co in accordance with Section 21.4(b22.4(b).
Appears in 1 contract
Samples: Project Agreement
