Common use of Decision Making Framework Clause in Contracts

Decision Making Framework. Parties acknowledge and agree that this MoU establishes the following key principles to facilitate decision making on matters related to Development Support Services:  Decision making by the CEC shall be based on a simple majority vote, with each member having one (1) and no more than one (1) vote through its representative.  CEC approvals are considered those instances where a majority votes to approve a decision, and a decision is considered final once all representatives required, based on this MoU or the SOPs, to participate in the decision have voted. Subsequently, where decisions were not approved, information supporting the decision must be revised and a new vote is required. If a decision cannot be revised, the decision may be dropped or abandoned. Parties agree that members and provider(s) impacted by a decision being voted upon by a Governing Forum will be given the opportunity to submit their vote in accordance with this MoU or the SOPs, with all members regardless of impact are able to review and comment on those decisions.  Decision making by each of the subsidiary governing boards shall be based on a unanimous vote for impacted participants, unless such a vote is intended to be non-binding.  Each Governing Forum shall only conduct business if a majority of the voting membership is in attendance at the meeting, either in person or remotely.  Decisions by the Governing Forums require substantiating documentation in order to be considered valid and binding; with responsibility residing with each Party for ensuring that such documentation is maintained for decisions impacting themselves.  Decisions by members and providers related to the approval of project artifacts or acceptance of delivered requirements and contracted deliverables, outside the purview of the Governing Forums, require substantiating documentation to be considered valid and binding, with responsibility for that documentation residing with the Party who initiatives the request for approval or acceptance.  Conflicts arising from the Governing Forum’s decision-making process will be addressed according to Section 5.4.  The Consortium will make available, and require the use of, those voting mechanisms it provides in accordance with the SOPs, and each Party will provide to the PMO substantiating documentation supporting their decisions where voting mechanisms are not available from the Consortium.  CRs must be documented utilizing the tools provided by the Consortium and approved by members for any change to the system, as well as changes in scope, cost, or duration related to contracts or agreements with members or providers.  Risk items must be documented utilizing the tools provided by the Consortium and treatments approved by members when an impact to the scope, cost, quality, stakeholders, or schedule for members related to Support Services is realized or has the potential to impact the strategic direction, the delivery of Support services, or the ongoing operations of the Consortium.  Decisions made by the CEC, FEB, or by consensus among the project management team must be recorded in accordance with the SOPs, utilizing the tools provided by the Consortium.  All votes, decisions, and actions of the CEC must be recorded and captured in the minutes of the meeting in which the vote, decision, and action occurred. The Parties acknowledge and agree that decisions of the CEC, or those made within authority granted by the CEC, are final and binding on all Parties to this MoU.