Common use of Self-Performed Work Clause in Contracts

Self-Performed Work. 11.6.1 Neither Contractor nor any of its Affiliates shall bid on any Bid Package unless MSG has given its express prior written approval. If MSG does approve such bidding by Contractor or any of its Affiliates, Contractor, or its Affiliates, shall be permitted to submit a sealed bid for such Work pursuant to the competitive bidding procedures applicable to all bidders. Also, in such instance, the opening, review and advice with respect to award and/or rejection of such bids shall be handled solely by MSG and Project Manager. The following requirements shall also apply if Contractor or its Affiliates desire to bid on a Bid Package: 11.6.1.1 Contractor or its Affiliate shall review the Work included in such Bid Package (including the bid packaging plan) with MSG and Architect prior to finalizing the Bid Package; 11.6.1.2 there shall be a strict separation of the personnel of Contractor or its Affiliate involved with bidding on such Work and Contractor’s other personnel involved in the Project, and Contractor shall, by written policy distributed to all affected personnel (a copy of which shall be delivered to MSG), strictly prohibit any communication prior to bid award among personnel involved with the estimating, bidding, management or other services in connection with such Work and personnel working on other aspects of this Project pursuant to this Agreement (other than such communication as is permitted by all bidders); 11.6.1.3 if less than two other bids from responsible bidders are submitted for such Work, MSG, at its option, may disqualify Contractor or its Affiliate from award of the bid for such Work and, in MSG’s discretion, may cause the Bid Package with respect to such Work to be re-bid; 11.6.1.4 Contractor shall not participate in the analysis and/or recommendations with respect to the award of any Subcontract for such Work, and all inquiries shall be forwarded to MSG or Project Manager; 11.6.1.5 Contractor or its Affiliate shall not, in its bid, use any of the General Conditions Work to support such Work or use the General Conditions Work for such Work, on any terms or conditions different from the terms or conditions on which such General Conditions Work are made available to all other bidders; and 11.6.1.6 the solicitation for bids for such Work shall specifically state that Contractor or its Affiliate shall have the right to submit a sealed bid on such Work. 11.6.2 If the foregoing procedures are not strictly followed, then MSG shall have the right to reject the bid of Contractor or its Affiliates for such Work. Any rejection of a bid or required re-bid under this Section 11.6 shall not be the basis for recovery as a Cost of the Work or an adjustment to the Incentive Benchmark or the Date for Substantial Completion or the Long Stop Completion Date.

Self-Performed Work. 11.6.1 4.7.1 Neither Contractor the CM nor a CM Affiliated Entity shall Self-Perform any of its Affiliates shall bid Work on the Project during the Construction Stage except: 4.7.1.1 Work not subject to Bidding as described under Section 4.1; and 4.7.1. 2 as otherwise provided in this Section 4.7. 4.7.2 If the CM or a CM Affiliated Entity intends to Bid on any Work subject to Bidding as described under Section 4.1: 4.7.2.1 During preparation of the Subcontracting Plan, the CM shall notify the Contracting Authority that the CM or a CM Affiliated Entity may Bid Package unless MSG has given on a portion of the Work. The Contracting Authority, CM, and A/E shall review that Work in detail and agree on its express prior written approval. scope before the CM finalizes the Subcontracting Plan. 4.7.2.2 At least 14 days before issuing Bidding Documents for the scope of Work the CM or a CM Affiliated Entity intends to Bid on, the CM shall, in writing, seek the Contracting Authority’s permission for the CM or CM Affiliated Entity to Bid on that particular Work. 4.7.3 If MSG does approve such bidding by Contractor the Contracting Authority permits the CM or any of its Affiliates, Contractor, or its Affiliates, shall be permitted CM Affiliated Entity to submit a sealed bid Bid for such Work pursuant to a particular scope of Work: 4.7.3.1 The CM or CM Affiliated Entity (as applicable) shall meet in all respects the competitive bidding procedures applicable to all bidders. Also, in such instance, Bidder prequalification criteria approved by the opening, review and advice with respect to award and/or rejection of such bids Contracting Authority under Section 4.3. 4.7.3.2 The Bidding Documents shall be handled solely by MSG and Project Manager. The following requirements shall also apply if Contractor specifically state that the CM or its Affiliates desire to bid on a CM Affiliated Entity may submit a Bid Package:for that Work. 11.6.1.1 Contractor or its Affiliate 4.7.3.3 The CM shall review the Work included in such Bid Package (including the bid packaging plan) with MSG and Architect prior to finalizing the Bid Package; 11.6.1.2 there shall be a ensure strict separation of the personnel of Contractor the CM or its Affiliate CM Affiliated Entity involved with bidding Bidding on such the Work and Contractor’s other from the personnel of the CM or CM Affiliated Entity otherwise involved in the Project. That separation includes, and Contractor shallwithout limitation, by written policy distributed to all affected personnel (a copy of which shall be delivered to MSG), strictly prohibit prohibiting any communication prior to bid award among personnel involved with the estimating, bidding, management or other services in connection with such Work and personnel working on other aspects of this Project pursuant to this Agreement (other than such communication as that is permitted by all bidders);Bidders) between those two groups before the Contracting Authority opens the associated Bids. 11.6.1.3 if 4.7.3.4 The CM or CM Affiliated Entity (as applicable) will be subject to all requirements applicable to the other Bidders for that Work. 4.7.3.5 The CM or CM Affiliated Entity (as applicable) shall submit its sealed Bid to the Contracting Authority no less than four hours before the deadline for submission of Bids to the CM for that scope of Work. 4.7.4 If the CM or a CM Affiliated Entity submits a Bid as described under Section 4.7.3 and less than two other bids from responsible bidders are submitted Bidders submit Bids for such the same Work, MSG, at its option, the Contracting Authority may disqualify Contractor or its Affiliate from award of the bid for such Work and, in MSG’s discretion, may cause the Bid Package with respect to such require that Work to be re-bid;rebid. 11.6.1.4 Contractor shall not participate in 4.7.5 If the analysis and/or recommendations with respect Contracting Authority awards to the award of any Subcontract for such Work, and all inquiries shall be forwarded to MSG CM or Project Manager; 11.6.1.5 Contractor or its Affiliate shall not, in its bid, use any of the General Conditions Work to support such Work or use the General Conditions Work for such Work, on any terms or conditions different from the terms or conditions on which such General Conditions Work are made available to all other bidders; and 11.6.1.6 the solicitation for bids for such Work shall specifically state that Contractor or its Affiliate shall have CM Affiliated Entity the right to submit Self-Perform a sealed bid on such Work. 11.6.2 If particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the foregoing procedures are CM may not strictly followed, then MSG shall have the right to reject the bid of Contractor or its Affiliates use CM Contingency for such that Work. Any rejection The foregoing prohibition applies specifically but not exclusively to using CM Contingency to make up for the CM’s underestimation of a bid or required re-bid under this Section 11.6 shall not be that scope of Work in the basis for recovery as a CM’s detailed estimate of the Cost of the Work or an adjustment described under Section 5.7.6.4. 4.7.6 If the Contracting Authority awards to a CM Affiliated Entity the right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM Affiliated Entity will be a Subcontractor under the Contract and the CM’s Subcontract with the CM Affiliated Entity shall be on the State of Ohio Subcontract Form prescribed in OAC 153:1-03-02. 4.7.7 If the Contracting Authority awards to the Incentive Benchmark or CM the Date right to Self-Perform a particular scope of Work by operation of Sections 4.7.2 and 4.7.3, the CM shall not be a Subcontractor under the Contract and shall not enter into a Subcontract with itself for Substantial Completion or the Long Stop Completion Datethat Work.

Self-Performed Work. 11.6.1 Neither Contractor nor any of its Affiliates shall bid on any Bid Package unless MSG has given its express prior written approval. If MSG does approve such bidding by Contractor or any of its Affiliates, Contractor, or its Affiliates, shall be permitted to submit a sealed bid for such Work pursuant to the competitive bidding procedures applicable to all bidders. Also, in such instance, the opening, review and advice with respect to award and/or rejection of such bids shall be handled solely by MSG and Project Manager. The following requirements shall also apply if Contractor or its Affiliates desire to bid on a Bid Package: 11.6.1.1 Contractor or its Affiliate shall review the Work included in such Bid Package (including the bid packaging plan) with MSG and Architect prior to finalizing the Bid Package; 11.6.1.2 there shall be a strict separation of the personnel of Contractor or its Affiliate involved with bidding on such Work and Contractor’s other personnel involved in the Project, and Contractor shall, by written policy distributed to all affected personnel (a copy of which shall be delivered to MSG), strictly prohibit any communication prior to bid award among personnel involved with the estimating, bidding, management or other services in connection with such Work and personnel working on other aspects of this Project pursuant to this Agreement (other than such communication as is permitted by all bidders); 11.6.1.3 if less than two other bids from responsible bidders are submitted for such Work, MSG, at its option, may disqualify Contractor or its Affiliate from award of the bid for such Work and, in MSG’s discretion, may cause the Bid Package with respect to such Work to be re-bid; 11.6.1.4 Contractor shall not participate in the analysis and/or recommendations with respect to the award of any Subcontract for such Work, and all inquiries shall be forwarded to MSG or Project Manager; 11.6.1.5 Contractor or its Affiliate shall not, in its bid, use any of the General Conditions Work to support such Work or use the General Conditions Work for such Work, on any terms or conditions different from the terms or conditions on which such General Conditions Work are made available to all other bidders; and 11.6.1.6 the solicitation for bids for such Work shall specifically state that Contractor or its Affiliate shall have the right to submit a sealed bid on such Work. 11.6.2 If the foregoing procedures are not strictly followed, then MSG shall have the right to reject the bid of Contractor or its Affiliates for such Work. Any rejection of a bid or required re-bid under this Section 11.6 shall not be the basis for recovery as a Cost of the Work or an adjustment to the Incentive Benchmark or the Date for Substantial Completion or the Long Stop Completion Date.. 11.7 [*****]