Review and Procurement Process Sample Clauses

Review and Procurement Process. (a) Where section 20.3(b) does not apply or where the agreements contemplated in section 20.3(b) have not been reached, the Government’s review and procurement process which is attached hereto as Appendix I will be used for the procurement of physician services to be provided under Service Contracts, excluding renewals of Service Contracts. (b) The system for ranking proposals referred to in Appendix I will be developed jointly by the BCMA and the Government, and will be based on the criteria listed in section 1.6, of Appendix I. Xxxx X. Xxxxxx, Q.C. will act as conciliator in this process and if, by January 31, 2008, the parties are unable to agree upon the values attributable to each criteria, Xxxx X. Xxxxxx, Q.C. will resolve the outstanding issues and the resulting system for ranking proposals will thereafter be used for the purposes of Appendix I. (c) If the Government amends its general procurement policies in a manner that renders null and void or materially alters the process set out in Appendix I, the BCMA and Government will negotiate mutually agreeable provision(s) to be substituted for the provision(s) that have been rendered null and void or materially altered by the change in Government procurement policy. If the Government and the BCMA are unable to reach agreement on replacement provisions either party may submit the matter to Xxxx X. Xxxxxx, Q.C. to adjudicate the differences under the Commercial Arbitration Act. (d) The Government and the BCMA may, by written agreement, amend the criteria referred to in section 1.6 of Appendix I with corresponding amendments to the point system for ranking proposals developed under this section. (e) The increased annual funding for the Alternative Payments Program referred to in section 10.1 of the Specialists Subsidiary Agreement, including any such funding that remains unallocated from a prior year, is available to fund Service Contracts procured through Appendix I. In addition, the parties may agree to amend this Agreement and/or any of the Physician Master Subsidiary Agreements, in the manner contemplated in section 1.7 of this Agreement or the corresponding section of the relevant Physician Master Subsidiary Agreement, in order to reallocate other funds already committed by the Government pursuant to this Agreement or any of the Physician Master Subsidiary Agreements so as to make such funds available to fund Service Contracts procured through Appendix I.