Procedure C Clause Samples

Procedure C. The Operator shall contract the most qualified supplier of goods and services according to cost and quality criteria, and the Operating Committee shall previously approve the engagement. 3.22.1. The preliminary approval by the Operating Committee is required for beginning the engagement procedure, which shall ensure advantage of the winning proposal and count on at least three qualified suppliers, if possible. 3.22.1.1. The Operator shall ensure that the preliminary approval will be timely for any change in the contracting strategy with no impact on the project schedule. 3.22.2. The Operator shall provide to the other Consortium Members a preliminary list of participants of the contracting procedure, which shall be filled out with indications of any Consortium Member upon request to the Operator in no later than fifteen (15) days of receipt of this preliminary list. 3.22.3. Before the agreement is executed, the Operator shall submit to the Operating Committee an engagement report, which shall include the competitive analysis of the bidding process and the reasons for choosing the supplier. 3.22.4. The Operator shall finish the engagement procedure after approval by the Operating Committee. 3.22.5. Any Consortium Member may have access to a copy of the agreements executed by the Operator upon request.

Procedure C. The Operator shall contract the most qualified supplier of goods and services according to cost and quality criteria, and the Operating Committee shall previously approve the engagement. The preliminary approval by the Operating Committee is required for beginning the engagement procedure, which shall ensure advantage of the winning proposal and count on at least three qualified suppliers, if possible. The Operator shall ensure that the preliminary approval will be timely for any change in the contracting strategy with no impact on the project schedule. The Operator shall provide to the other Consortium Members a preliminary list of participants of the contracting procedure, which shall be filled out with indications of any Consortium Member upon request to the Operator in no later than fifteen (15) days of receipt of this preliminary list. Before the agreement is executed, the Operator shall submit to the Operating Committee an engagement report, which shall include the competitive analysis of the bidding process and the reasons for choosing the supplier. The Operator shall finish the engagement procedure after approval by the Operating Committee. Any Consortium Member may have access to a copy of the agreements executed by the Operator upon request. The amount limits for determining the ordinary engagement procedure to be used by the Operator, which may be reviewed every five (5) years by the Operating Committee, are the following: The use of U.S. dollar in the table above is for reference only and does not imply any possibility of recognition of expenditures in foreign currency. To determine the procedure, the exchange rate for purchase in the first business day of the month, which shall establish the amount in the table included in section 3.23, shall be taken into account. As guidance to define the procedure to be adopted, the following shall be considered: (i) the date on which the agreement or the purchase order for Procedure A was issued, (ii) the date on which a request for proposal to the suppliers for procedure B was sent, and (iii) the date on which the engagement strategy for preliminary approval of the Operating Committee for procedure C was sent, pursuant to paragraph 3.22.1. The following are extraordinary procedures of contracting of goods and services required for the Operations: joinder to goods and services supply agreements previously executed by the Contracted Parties, or by Consortiums in which they participate; the purchase of goods...

Procedure C. Unless the Management Committee otherwise agrees the Manager must provide the Management Committee an award recommendation that contains the following, and follows the procedures set out below: (a) a list of the entities whom the Manager invited to tender for the contract; (b) a list of other suppliers/contractors considered; (c) the scope and timing of the work to be executed; (d) a competitive bid analysis, stating the Manager’s recommendation as to the entity to whom the contract should be awarded the Manager’s reasons for such recommendation; (e) obtain the approval of the Management Committee of the recommended award; and (f) upon the request of a Joint Venturer, provide such Joint Venturer with a copy of the final version of the contract.

Procedure C. The Operator shall contract the most qualified supplier of goods and services according to cost and quality criteria, and the Operating Committee shall previously approve the engagement. 3.29.1. The preliminary approval by the Operating Committee is required for beginning the engagement procedure, which shall ensure advantage of the winning proposal and count on at least three qualified suppliers, if possible. 3.29.1.1. The Operator shall ensure that the preliminary approval will be timely for any change in the contracting strategy with no impact on the project schedule. 3.29.2. The Operator shall provide to the other Consortium Members a preliminary list of participants of the contracting procedure, which shall be filled out with indications of any Consortium Member upon request to the Operator in no later than fifteen (15) days of receipt of this preliminary list. 3.29.3. Before the agreement is executed, the Operator shall submit to the Operating Committee an engagement report, which shall include the competitive analysis of the bidding process and the reasons for choosing the supplier. 3.29.4. The Operator shall finish the engagement procedure after approval by the Operating Committee. 3.29.5. Any Consortium Member may have access to a copy of the agreements executed by the Operator upon request. 3.29.6. In the case of a contracting proposal, which is based on procedure C, exclusive to the Operator or joint contracting of different consortia resulting from an exclusive contracting of the Operator, the Operator is entitled to follow the contracting procedure provided for in Law No. 13.303/2016, or to replace it, in which case the final approval of the contract by the Operating Committee is waived. 3.29.6.1. Before signing the contract, the Operator must submit a contracting report to the Operating Committee, which will include the competitive analysis of the bidding process, as well as the reasons for choosing the supplier.

Procedure C. The Operator must hire the supplier of goods and services from the best qualified contractor according to cost and quality criteria, and the Operating Committee must previously approve the contracting. 3.29.1. It is necessary the preliminary approval of the Operating Committee for the beginning of the contracting procedure, which must ensure the advantage of the winning proposal and have at least three (3) qualified suppliers, when possible. 3.29.1.1. The Operator shall ensure that the preliminary approval will be given in a timely manner for any change in the contracting strategy without impact on the project schedule.