PROVIDER’S RESPONSIBILITIES. A DBE prime may receive credit toward the DBE goal for work performed by his-her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non-DBE, that information must be reported to the Department.
a. A Provider who cannot meet the contract goal, in whole or in part, shall document the “Good Faith Efforts” taken to obtain DBE participation. The following is a list of the types of actions that may be considered as good faith efforts. It is not intended to be a mandatory checklist, nor is it intended to be exclusive or exhaustive. Other factors or types of efforts may be relevant in appropriate cases.
(1) Soliciting through all reasonable and available means the interest of all certified DBEs who have the capability to perform the work of the contract. The solicitation must be done within sufficient time to allow the DBEs to respond to it. Appropriate steps must be taken to follow up initial solicitations to determine, with certainty, if the DBEs are interested.
(2) Selecting portions of the work to be performed by DBEs in order to increase the likelihood that the DBE goals will be achieved. This includes, where appropriate, breaking out contract work items into economically feasible units to facilitate DBE participation, even when the Provider might otherwise prefer to perform the work items with its own forces.
(3) Providing interested DBEs with adequate information about the plans, specifications, and requirements of the contract in a timely manner to assist them in responding to a solicitation.
(4) Negotiating in good faith with interested DBEs by making a portion of the work available to DBE subproviders and suppliers and selecting those portions of the work or material needs consistent with the available DBE subproviders and suppliers.
(5) The ability or desire of the Provider to perform the work of a contract with its own organization does not relieve the Provider’s responsibility to make a good faith effort. Additional costs involved in finding and using DBEs is not in itself sufficient reason for a Provider’s failure to meet the contract DBE goal, as long as such costs are reasonable. Providers are not, however, required to accept higher quotes from DBEs if the price difference is excessive or unreasonable.
(6) Not rejecting DBEs as being unqualified without sound reasons based on a thorough investigation of their capabilities.
(7) Making efforts to assist in...
PROVIDER’S RESPONSIBILITIES. A Provider (HUB or non-HUB) must perform a minimum of 30% of the contract with its employees (as defined by the Internal Revenue Service). The contract is subject to the HSP Good Faith Effort Requirements.
a. A Provider who cannot meet the contract goal, in whole or in part, should have documented any of the following and other efforts made as a “Good Faith Effort” to obtain HUB participation.
(1) Whether the prime advertised in general circulation, trade association, and/or minority/women focus media concerning subcontracting opportunities. DocuSign Envelope ID: BEFE3ACA-B10D-4552-B5FF-9A16D671495F
(2) Whether the prime provided written notice to at least three (3) qualified HUBs allowing sufficient time for HUBs to participate effectively.
(3) Whether the prime documented reasons for rejection or met with the rejected HUB to discuss the rejection.
(4) Whether the prime provided qualified HUBs with adequate information about bonding, insurance, the plans, the specifications, scope of work and requirements of the contract.
(5) Whether the prime negotiated in good faith with qualified HUBs, not rejecting qualified HUBs who are also the lowest responsive bidder.
(6) Whether the prime used the services of available minority and women community organizations, contractor’s groups, local, state, and federal business assistance offices, and other organizations that provide support services to HUBs.
PROVIDER’S RESPONSIBILITIES. A Provider (HUB or non-HUB) must perform a minimum of 30% of the contract with its employees (as defined by the Internal Revenue Service). The contract is subject to the HSP Good Faith Effort Requirements.
PROVIDER’S RESPONSIBILITIES. 6.1 Revisions to Exhibit B shall be submitted to the T&D business contact (as identified in Exhibit A) and shall become effective five (5) Business Days after the revised Exhibit B has been submitted, unless the T&D notifies the Provider in writing prior to the expiration of this five (5) Business Day period that the information received is inaccurate or incomplete. Upon receipt of such notice, the Provider shall correct such information within five (5) Business Days thereof. Such corrected revision shall become effective five (5) Business Days after the revised Exhibit B has been re-submitted to the T&D.
6.2 The Provider shall designate a business contact and a technical contact (which may be the same person) in Exhibit B. The business contact and the technical contact will attend the applicable Maine EBT Competitive Electricity Provider training workshops prior to the Provider being eligible to conduct initial and subsequent EDI/EBT testing. In the event the designated contacts change, the Provider will use its best efforts to arrange for training for the new contact person as soon as practical.
6.3 The T&D shall be entitled to rely on the reasonable representations made by the business contact person designated by the Provider regarding the implementation and administration of the provisions of this Agreement.
6.4 The Provider shall be responsible for its initial testing costs of the Electronic Data Transmission Vehicle (“EDTV”) as well as the cost of ensuring that its data transfer system remains compatible with the EDTV used by the T&D as the same may be replaced or modified from time to time.
6.5 The Provider shall be responsible for all relationships with, and the performance of, third party vendors with which it contracts, and the T&D shall be entitled to deal directly with the Provider’s technical contact person as to any EDTV issues.
6.6 EBT Standards will be modified or changed in accordance with the procedures outlined in the EBT Standards or any successor Precept. When the EBT Standards are modified or changed, the T&D will review the changes to determine if additional testing is required. If additional testing is warranted, the T&D will propose a testing schedule, and there shall be a reasonable opportunity for testing before EBT modifications are implemented. It shall be the Provider’s responsibility to successfully implement modifications and changes in EBT Standards. The T&D will reject invalid or nonconforming EBT transactions.
6.7 If the...
PROVIDER’S RESPONSIBILITIES. Revisions to Exhibit B shall be submitted to the T&D business contact and shall become effective five (5) Business Days after the revised Exhibit B has been submitted to the T&D, unless the T&D notifies the Provider in writing prior to the expiration of this five (5) Business Day period that the information received is inaccurate or incomplete. Upon receipt of such notice, the Provider shall correct such information within five (5) Business Days thereafter. Such corrected revision shall become effective five (5) Business Days after the revised Exhibit B has been re-submitted to the T&D.
PROVIDER’S RESPONSIBILITIES. A Provider (HUB or non-HUB) must perform a minimum of 30% of the contract with its employees (as defined by the Internal Revenue Service). The contract is subject to the HSP Good Faith Effort Requirements.
a. A Provider who cannot meet the contract goal, in whole or in part, should have documented any of the following and other efforts made as a “Good Faith Effort” to obtain HUB participation.
(1) Whether the prime advertised in general circulation, trade association, and/or minority/women focus media concerning subcontracting opportunities.
(2) Whether the prime provided written notice to at least three (3) qualified HUBs allowing sufficient time for HUBs to participate effectively.
(3) Whether the prime documented reasons for rejection or met with the rejected HUB to discuss the rejection.
(4) Whether the prime provided qualified HUBs with adequate information about bonding, insurance, the plans, the specifications, scope of work and requirements of the contract.
(5) Whether the prime negotiated in good faith with qualified HUBs, not rejecting qualified HUBs who are also the lowest responsive bidder.
(6) Whether the prime used the services of available minority and women community organizations, contractor’s groups, local, state, and federal business assistance offices, and other organizations that provide support services to HUBs.
PROVIDER’S RESPONSIBILITIES. A DBE prime may receive credit toward the DBE goal for work performed by his-her own forces and work subcontracted to DBEs. A DBE prime must make a good faith effort to meet the goals. In the event a DBE prime subcontracts to a non-DBE, that information must be reported to the Department.
PROVIDER’S RESPONSIBILITIES. 5.1 The Provider shall provide the Services and complete the Project:
5.1.1 with the diligence, care, skill, application and precision to be reasonably expected of a competent provider of Services in relation to projects such as the Project;
5.1.2 efficiently with the optimum use of resources so as to provide the Services at the lowest reasonably obtainable overall cost;
5.1.3 to the extent that the Commissioner obtains any Intellectual Property Rights in relation to the Project, in a way which does not do anything which could be prejudicial to the Commissioner’s goodwill, image, reputation or such Intellectual Property Rights (in the Commissioner’s view, acting reasonably);
5.1.4 in accordance with all legal and regulatory requirements, approvals and codes of practice applicable to the Services (including but not limited to all legal and regulatory obligations relating to health and safety, insurance, employment, clinical practice and confidentiality;
5.1.5 whilst obtaining and maintaining all relevant consents, authorisations and approvals required to provide the Services, including but not limited to (where applicable) Medicines and Health Products Regulatory Agency approval for health software applications, and ethical approval and standards of research;
5.1.6 in compliance with the provisions and obligations contained in the Data Protection Legislation, including as set out in
5.1.7 Schedule 8 and in accordance with all policies and procedures of the Provider in terms reasonably satisfactory to the Commissioner;
5.1.8 if applicable, utilising a team led by specified personnel as set out in Schedule 2 (subject to variation by the Parties by further written agreement) and otherwise engaging sufficient and appropriately qualified, skilled and experienced personnel to deliver the Services; and
5.1.9 in accordance with the policies and procedures of the Provider.
PROVIDER’S RESPONSIBILITIES. 12.1 The Provider shall supply all the Goods and Related Services included in the scope of project in accordance with GCC clause 10.1, and the delivery and completion schedule, as per GCC clause 11.1.
PROVIDER’S RESPONSIBILITIES. 4.1 The Provider shall manage and supply the Services in accordance with this contract in all material respects.
4.2 The Provider shall meet the Milestones specified in Error! Reference source not found..
4.3 The Provider shall appoint a manager for the Services, such person as identified in Error! Reference source not found.. That person shall have authority to contractually bind the Provider on all matters relating to the Services. The Provider shall use all reasonable endeavours to ensure that the same person acts as the Provider's manager throughout the term of this contract, but may replace that person from time to time where reasonably necessary in the interests of the Provider's business.
4.4 The Provider shall ensure they attend and prepare as necessary for any Review Meetings convened under clause 37 of this contract, and shall acknowledge a request from HEE to hold a Review Meeting or an Extra-ordinary Review Meeting within three (3) Business Days.
4.5 The Provider shall provide the Services:
4.5.1 in accordance with the terms of this contract;
4.5.2 with all due skill care and diligence using appropriately experienced, qualified and trained personnel;
4.5.3 in accordance with Good Industry Practice and more particularly the HEE Quality Framework;
4.5.4 in accordance with regulatory requirements of any Regulator in respect of the Services;
4.5.5 in compliance with applicable Laws and Guidance (including the holding and maintaining of all necessary licences, authorisations consents, accreditations, and permissions in order to ensure compliance in all respects with its obligations under this contract);
4.5.6 using all reasonable endeavours to ensure that it does not do, and to procure that none of its employees, directors, officers or agents does, anything that may damage the name, reputation or goodwill of HEE or the NHS in any material respect; and
4.5.7 in a manner which does not infringe the Intellectual Property Rights of any third party.
4.6 The Provider shall ensure invoices are sent to HEE in a timely fashion, in accordance with Error! Reference source not found..
4.7 The Provider shall comply with the Implementation Requirements in accordance with any timescales as may be set out in Error! Reference source not found..
4.8 The Provider shall comply fully with its obligations set out in this contract, including without limitation any KPIs in Error! Reference source not found. and all obligations contained in this contract in relation to the ...
