Common use of Competitive Procurement Process Clause in Contracts

Competitive Procurement Process. (a) Subject to Section 4.2(b), if the Recipient intends to retain a provider of goods or services having an aggregate value equal to or greater than $15,000.00 (exclusive of HST) in order to carry out the Deliverables, the Recipient must procure the goods or services through a procurement process (the “Competitive Procurement Process”) that is in compliance with any applicable procurement policy of the Recipient and at a minimum complies with the following requirements: (i) the request for proposals contains a clear description and specifications of the deliverables and does not contain any features that would unduly reduce or restrict competition; (ii) purchases, commitments, projects or deliverables have not been fragmented, subdivided or split for the purpose, in whole or in part, of being valued below $15,000.00 (exclusive of HST) to avoid a competitive procurement process; (iii) the bidders are at Arm’s Length to the Recipient, or Joint Recipients, and to each other; (iv) there has been no price fixing or other collusion between any of the bidders or between any bidder and the Recipient; (v) at least two bidders have participated, unless an exception to this requirement has been granted by the IESO; (vi) all bidders have appropriate skills, qualifications and experience in respect of the goods or services to be provided; (vii) bids have been submitted in writing and are confidential; (viii) the winning bid has been chosen in accordance with transparent criteria reflecting price or quality; (ix) adequate written records have been made and kept regarding the process; (x) the process has been procedurally fair; and (xi) the Recipient has not been subject to any actual or potential conflict of interest. (b) Where the provider of goods or services has been providing such services to the Recipient prior to January 1, 2016, or the value of the services is less than $15,000.00 (exclusive of HST), the requirement of a Competitive Procurement Process will not apply to the engagement or retention of such External Resource.

Competitive Procurement Process. (a) Subject to Section 4.2(b), if the Recipient intends to retain a provider of goods or services having an aggregate value equal to or greater than $15,000.00 (exclusive of HST) in order to carry out the Deliverables, the Recipient must procure the goods or services through a procurement process (the “Competitive Procurement Process”) that is in compliance with any applicable procurement policy of the Recipient and at a minimum complies with the following requirements: (i) the request for proposals contains a clear description and specifications of the deliverables and does not contain any features that would unduly reduce or restrict competition; (ii) purchases, commitments, projects or deliverables have not been fragmented, subdivided or split for the purpose, in whole or in part, of being valued below $15,000.00 (exclusive of HST) to avoid a competitive procurement process; (iii) the bidders are at Arm’s Length to the Recipient, or Joint Recipients, Recipient and to each other; (iv) there has been no price fixing or other collusion between any of the bidders or between any bidder and the Recipient; (v) at least two bidders have participated, unless an exception to this requirement has been granted by the IESO; (vi) all bidders have appropriate skills, qualifications and experience in respect of the goods or services to be provided; (vii) bids have been submitted in writing and are confidential; (viii) the winning bid has been chosen in accordance with transparent criteria reflecting price or quality; (ix) adequate written records have been made and kept regarding the process; (x) the process has been procedurally fair; and (xi) the Recipient has not been subject to any actual or potential conflict of interest. (b) Where the provider of goods or services has been providing such services to the Recipient prior to January 1November 21, 20162014, or the value of the services is less than $15,000.00 (exclusive of HST), the requirement of a Competitive Procurement Process will not apply to the engagement or retention of such External Resource.