Common use of Modifying Project Scope Through Procurement Process Clause in Contracts

Modifying Project Scope Through Procurement Process. The Joint Board will, in the course of the RFP process, develop a ranking and prioritization of the elements of Project Base Scope and Project Enhanced Scope through the use of a “scope ladder” schedule, which will be made available to the Short-Listed Offerors. The Joint Board will conduct the Procurement in a manner that invites Short-Listed Offerors to submit proposals on both the Project Base Scope and the Project Enhanced Scope, utilizing the scope ladder as they deem necessary or appropriate to identify those Project elements that they propose to deliver within the Affordability Cap. The RFP will thus provide that Short-Listed Offerors may: (a) remove one or more elements of Project Base Scope if necessary to stay within the Affordability Cap, or (b) add one or more elements of the Project Enhanced Scope if possible while staying within the Affordability Cap. In the event that, upon the receipt of proposals from Short-Listed Offerors at the conclusion of the final RFP stage (as generally described in Section 8.2 of the Draft RFQ), and subject to Section 2.3 below: 2.2.1. no proposal among those received from Short-Listed Offerors has been able to include all elements of Project Base Scope while keeping the scheduled availability payments within the Affordability Cap, the Parties will amend this Agreement to adjust the Project Base Scope accordingly, pursuant to the second sentence of Section 10.4; or 2.2.2. the proposal of the Preferred Offeror has, in addition to including all elements of Project Base Scope, proposed to include one or more elements of Project Enhanced Scope while still keeping the scheduled availability payments within the Affordability Cap, the Joint Board will include such elements in the Project to be delivered pursuant to the PPA.

Modifying Project Scope Through Procurement Process. The Joint Board will, in the course of the Procurement RFP process, develop a ranking and prioritization of the elements of Project Base Scope and Project Enhanced Scope through the use of a “scope ladder” schedule, which will be made available to the Short-Listed Offerors. The Joint Board will conduct the Procurement in a manner that invites Short-Listed Offerors to submit proposals on both the Project Base Scope and the Project Enhanced Scope, utilizing the scope ladder as they deem necessary or appropriate to identify those Project elements that they propose to deliver within the Affordability Cap. The Definitive RFP will thus provide that Short-Listed Offerors may: (a) remove one or more elements of Project Base Scope if necessary to stay within the Affordability Cap, or (b) add one or more elements of the Project Enhanced Scope if possible while staying within the Affordability Cap. In the event that, upon the receipt of proposals from Short-Listed Offerors at the conclusion of the final Definitive RFP stage (as generally described in Section 8.2 of the Draft RFQ), and subject to Section 2.3 below: 2.2.1. no proposal among those received from Short-Listed Offerors has been able to include all elements of Project Base Scope while keeping the scheduled availability payments within the Affordability Cap, the Parties will amend this Agreement to adjust the Project Base Scope accordingly, pursuant to the second sentence of Section 10.4; or 2.2.2. the proposal of the Preferred Offeror has, in addition to including all elements of Project Base Scope, proposed to include one or more elements of Project Enhanced Scope while still keeping the scheduled availability payments within the Affordability Cap, the Joint Board will include such elements in the Project to be delivered pursuant to the PPA.