Common use of Equitable Allocations or Recommendations Clause in Contracts

Equitable Allocations or Recommendations. In accordance with Commission policies, the CNA shall conduct fair, transparent and equitable allocation or recommendations of products and services on the PL to qualified NPAs with impartiality (excluding evaluation factors, such as past performance) and without improper preferential treatment. In making both allocation and recommendation decisions, the CNA shall follow Commission policies. Annually, no later than January 31, the CNA shall submit a CNA Allocation and Recommendation Performance Report to the Commission. Every three (3) years, the CNA shall submit for the Commission’s review and approval, the NPA Allocation and Recommendation policies and procedures. Upon approval, the CNA must publish and make available to the Commission and qualified NPAs the final approved CNA Allocation and Recommendation policy and procedures no later than December 31, 2020, and review/update every three (3) years thereafter. The CNA shall submit to the Commission revised policies and procedures when substantive changes are incorporated notwithstanding the three-year requirement: substantive, for the purposes of this review, is defined as all non-administrative revisions (not editorial changes); changes that have the potential to impact or alter due process, eliminate or shorten response time, or in any way impact integrity, accountability, or fairness of the process. The Commission reserves the right to conduct ad-hoc reviews of the Allocation and Recommendation policies, procedures, and implementation.

Equitable Allocations or Recommendations. In accordance with Commission policies, the CNA shall conduct fair, transparent and equitable allocation or recommendations of products and services on the PL to qualified NPAs with impartiality (excluding evaluation factors, such as past performance) and without improper preferential treatment. In making both allocation and recommendation decisions, the CNA shall follow Commission policies. Annually, no later than January 31, the CNA shall submit a CNA Allocation and Recommendation Performance Report to the Commission. Every three (3) years, the CNA shall submit for the Commission’s review and approval, the NPA Allocation and Recommendation policies and procedures. Upon approval, the CNA must publish and make available to the Commission and qualified NPAs the final approved CNA Allocation and Recommendation policy and procedures no later than December 31, 2020, and review/update every three (3) years thereafter. The CNA shall submit to the Commission revised policies and procedures when substantive changes are incorporated notwithstanding the three-year requirement: substantivesubstantive changes, for the purposes of this review, is defined as all non-non- administrative revisions (not editorial changes); changes that have the potential to impact or alter due process, eliminate or shorten response time, or in any way impact integrity, accountability, or fairness of the process. The Commission reserves the right to conduct ad-hoc reviews of the Allocation and Recommendation policies, procedures, and implementationimplementation or request changes based on changes in law or as a result of litigation.