ORDERING PROCEDURE. Participating Authority/ies wishes to place an order for any products or services included in any of the Lots covered through this Framework Agreement, that Participating Authority shall: identify the relevant Lot (where relevant) that its requirements fall under; develop a specification or statement of requirements setting out its requirements; supplement and refine the call-off Contract terms only to the extent: anticipated within the call-off contract terms and conditions as indicated by references to potential extra key provisions and/or as otherwise indicated; permitted by and in accordance with the requirements of the Regulations and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed to any of the relevant Lots that the specification or statement of requirements falls under by conducting a competition for the delivery of the relevant specification or statement of requirements and in particular: consult in writing and invite the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested from the suppliers; set out in a Further Competition ITT for that competition a time limit for the receipt by it of Tenders which takes into account factors such as the complexity of the subject matter of the intended call-off contract and the time needed to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance with the requirements of the relevant Participating Authorities and/or the nature of the specification or statement of requirements, including timescales for each stage of the process. Participating Authority/ies and suppliers shall comply with the obligations and expectations of the Cabinet Office Statement of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPE, the terms and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situation.
Appears in 1 contract
Samples: Framework Agreement
ORDERING PROCEDURE. Participating Authority/ies wishes Orders for the supply of Contractor Deliverables, listed at Annex A to place an order for any products or services included Schedule 2 – Schedule of Requirements, shall be issued to the Contractor by a DSG workshop using a Baan Purchase Order Form. A DSG Baan Purchase Order shall constitute a requirement against the Contract provided that it bears a name, signature (the Purchase Order shall, in any most cases, be issued by email, which shall bear a digital signature; a physical signature shall be provided when the Purchase Orders is issued by fax, and a telephone number, in the approval box, of the Lots covered through this Framework AgreementDemanding Officer, that Participating Authority shall: identify and a Purchase Order number. The Required Delivery Date (RDD) shall be a date determined from the relevant Lot (where relevant) that its requirements fall under; develop a specification or statement of requirements setting out its requirements; supplement and refine date the call-off Contract terms only to the extent: anticipated within the call-off contract terms and conditions as indicated by references to potential extra key provisions and/or as otherwise indicated; permitted by and in accordance with the requirements of the Regulations order is placed and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed to any of the relevant Lots that the specification or statement of requirements falls under by conducting a competition agreed Contractor’s “Lead Time” for the delivery of the relevant specification Contractor Deliverables as specified in Annex A to Schedule 2 – Schedule of Requirements. The RDD shall be quoted on each Purchase Order and shall apply to that order unless otherwise stated by the Contractor. The Contractor shall acknowledge the order by fax or statement email and provide the Demanding Authority with a Confirmed Delivery Date (CDD) within 10 business days of requirements and in particular: consult in writing and invite receipt of the suppliers referred DSG Baan Purchase Order. In the event that the Contractor is unable to in this Clause 1.1.4 to submit a Tender accept the Purchase Order, he shall notify the Demanding Authority by fax or email accordingly within a specified time limit by issuing a Further Competition ITT; conduct 10 business days, giving details of the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested from the suppliers; set out in a Further Competition ITT for that competition a time limit reason for the receipt by it of Tenders which takes into account factors such as the complexity non-acceptance and those aspects of the subject matter of the intended call-off contract and the time needed to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Formwhich require amendment. The suppliers agree that all Tenders submitted by Contractor must notify the suppliers in relation Procurement Branch, at the earliest opportunity, of their inability to further competitions held pursuant meet the Confirmed Delivery Date. The Authority reserves the right to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competitioncancel, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed at no cost to the framework in respect of Crown, any orders which fail to meet the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance with the requirements of the relevant Participating Authorities and/or the nature of the specification or statement of requirements, including timescales for each stage of the process. Participating Authority/ies and suppliers shall comply with the obligations and expectations of the Cabinet Office Statement of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPE, the terms and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationConfirmed Delivery Date.
Appears in 1 contract
Samples: Supply Agreement
ORDERING PROCEDURE. Participating Authority/ies wishes (a) Not less than thirty-one (31) days prior to place a Scheduled Delivery Period, PQPC shall provide EPOS a schedule of estimated daily Fuel consumption and an order for any products or services included in any estimate of the Lots covered through this Framework Agreementvolumes in cargo lots of 120,000 barrels +/- ten percent (10%), and dates upon which deliveries will be required during that Participating Authority shall: identify Scheduled Delivery Period (the relevant Lot (where relevant) that "Forecast"). PQPC shall provide EPOS with any updates or changes to the Forecast promptly after PQPC becomes aware of the circumstances or events giving rise to such updates or changes. The information contained in the Forecast and any update or change thereto shall be based on PQPC's good faith estimate of its requirements fall under; develop a specification but shall not be binding on PQPC or statement give rise to any obligation or liability on the part of requirements setting out its requirements; supplement and refine the call-off Contract terms only PQPC. Any updates or changes to the extent: anticipated within Forecast shall be made prior to the call-off contract terms Cancellation Date. It is understood and conditions as indicated by references agreed that the Forecast is an estimate and not PQPC's Order. At the Unloading Point, PQPC shall have the right to potential extra key provisions and/or as otherwise indicated; permitted by and reject any quantities of Fuel delivered in accordance with excess of PQPC's Order.
(b) PQPC shall issue a PQPC Order no later than 21 days prior to the requirements first day of the Regulations and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed Scheduled Delivery Period for each delivery of Fuel that PQPC desires to receive. PQPC shall promptly notify EPOS of any necessary adjustment to any PQPC's Order. However, should any adjustment to any PQPC Order be received after the Cancellation Date, EPOS's only obligation regarding such adjustment is to make commercially reasonable efforts to accommodate such adjustment. Not later than five (5 ) days following receipt of a PQPC's Order or five (5 ) days following any necessary adjustment to any PQPC Order, whichever is later, EPOS shall notify PQPC of any necessary adjustment, if any, to the relevant Lots that schedule for delivery of Fuel. PQPC shall use reasonable efforts to accommodate any necessary adjustment to the specification schedule for delivery of Fuel.
(c) Any vessel used to transport and deliver Fuel hereunder must meet the specifications set forth by the Puerto Quetzal Port Authority and shall be chartered by or statement at the direction of requirements falls under by conducting a competition EPOS or EPOS's supplier at EPOS’s sole cost and expense, for the delivery of the relevant specification or statement of requirements and in particular: consult in writing and invite the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested Fuel from the suppliers; Loading Point to the Unloading Point.
(d) Prior to chartering a vessel for transporting the Fuel, EPOS shall send PQPC (by facsimile) the information set out in a Further Competition ITT for that competition a time limit for forth below relating to the receipt by it of Tenders which takes into account factors vessel to be chartered, and PQPC shall have the right to approve or reject such as the complexity of the subject matter of the intended call-off contract and the time needed vessel, such approval not to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and be unreasonably withheld (subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance vessel complying with the requirements set forth in paragraph (c) immediately above), by notice to EPOS on or before the fourth day after receipt of the relevant Participating Authorities and/or the nature EPOS's vessel nomination, with any failure by PQPC to send such notice within such time being deemed an approval of the specification or statement vessel: Name Current name of requirementsvessel and, including timescales for each stage if applicable, last previous name of vessel Deadweight Tons (DWT) in Metric Tons Length Overall (LOA) in Meters Extreme Breadth (Beam) in Meters Bow to Center Manifold (BCM) in Meters Draft in Meters Flag Country of the process. Participating Authority/ies Vessel's flag Intertanko 88 Form (or most recent version) Certificate of International Financial Responsibility Copy of previous "vessel acceptability" by other major oil companies or receiving facilities Certificate or other evidence showing proof of Protection and suppliers Indemnity Insurance including Pollution (minimum acceptable coverage is $500 million)
(e) In the event that a vessel nominated by EPOS is not acceptable to PQPC, EPOS shall comply with secure or cause to be secured alternative vessel transportation (which shall also be subject to paragraphs (c) and (d) immediately above) that is acceptable to PQPC.
(f) Not less than ten (10) days prior to the obligations and expectations first day of the Cabinet Office Statement Scheduled Delivery Period, EPOS shall provide to PQPC a shipping schedule that will detail the projected date of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer departure of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPEEPOS's vessel, the terms port of departure, and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationprojected arrival date at the Unloading Point.
Appears in 1 contract
Samples: Fuel Supply Agreement
ORDERING PROCEDURE. Participating Authority/ies wishes 16.1.1 Orders for the supply of Articles listed at Annex A shall be issued to place the Contractor by a DSG workshop using a DSG Baan Purchase Order Form, an order for any products or services included example of which is provided at Annex G. A DSG Baan Purchase Order shall constitute a requirement against the Contract provided that it bears a name, signature (the Purchase Order shall, in any most cases, be issued by e-mail, which shall bear a digital signature), and telephone number in the approval box of a Demanding Officer, and a Purchase Order Number.
16.1.2 Within five (5) working days of the Lots covered through this Framework Agreementdate DSG Baan Purchase Order is received, the Contractor shall confirm in writing that Participating Authority shall: identify the relevant Lot (where relevant) that its requirements fall under; develop a specification or statement of requirements setting out its requirements; supplement and refine the call-off Contract terms only to the extent: anticipated within the call-off contract terms and conditions as indicated by references to potential extra key provisions and/or as otherwise indicated; permitted by and in accordance he is proceeding with the requirements order. In the event that the Contractor is unable to accept the Purchase Order, or any particular Article of the Regulations and Purchase Order, he shall notify the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed to any Demanding Officer within ten (10) working days of the relevant Lots that date the specification DSG Baan Purchase Order is received, giving full details of the reasons for non-acceptance and/or those aspects of the order, which require amendment prior to acceptance.
16.1.3 Where the Contractor is unable to accept a Purchase Order on the basis of the Delivery Date(s) stated, he shall notify the Demanding Officer as soon as reasonably possible by facsimile or statement of requirements falls under e-mail and propose a revised delivery schedule. DSG reserves the right to reject any proposal without prejudice to clause 16.1.5 below.
16.1.4 In cases where a revised delivery schedule is found to be acceptable, the Demanding Officer shall confirm acceptance by conducting a competition for facsimile or e-mail. In such cases, the delivery offer made by the Contractor with the acknowledgement of the relevant specification or statement of requirements and in particular: consult in writing and invite Purchase Order shall become the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition in accordance with this Schedule; specify in a Further Competition ITT contractual delivery date for that competition the further pricing information requested from the suppliers; set out in a Further Competition ITT for that competition a time limit for the receipt by it of Tenders which takes into account factors such as the complexity of the subject matter of the intended call-off contract and the time needed to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Purchase Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance with the requirements of the relevant Participating Authorities and/or the nature of the specification or statement of requirements, including timescales for each stage of the process. Participating Authority/ies and suppliers shall comply with the obligations and expectations of the Cabinet Office Statement of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPE, the terms and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationonly.
Appears in 1 contract
ORDERING PROCEDURE. Participating Authority/ies wishes to place an order 26.1.1 Orders for any products or services included in any the supply of the Lots covered through this Framework Agreement, that Participating Authority shall: identify the relevant Lot (where relevant) that its requirements fall under; develop a specification or statement of requirements setting out its requirements; supplement Articles listed at Annex B1 and refine the call-off Contract terms only Annex B2 shall be issued to the extent: anticipated within Contractor by a DSG workshop using a DSG Baan Purchase Order Form, an example of which is provided at Annex I. A DSG Baan Purchase Order shall constitute a requirement against the callContract provided that it bears a name, signature (the Purchase Order shall, in most cases, be issued by e-off contract terms mail, which shall bear a digital signature; a physical signature shall be provided when the Purchase Order is issued by fax), and conditions as indicated by references to potential extra key provisions and/or as otherwise indicated; permitted by telephone number in the approval box of a Demanding Officer, and in accordance with a Purchase Order Number.
26.1.2 The Required Delivery Date (RDD) shall be a date determined from the requirements of date the Regulations order is placed and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed to any of the relevant Lots that the specification or statement of requirements falls under by conducting a competition agreed Contractor’s “lead time” for the delivery of the relevant specification Article specified in Annex B1 or statement of requirements Annex B2. The RDD shall be quoted on each Purchase Order and in particular: consult in writing and invite shall apply to that order unless otherwise stated by the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition Contractor in accordance with this Schedule; specify in clause 26.1.3.
26.1.3 The Contractor shall acknowledge the order by facsimile or e-mail and provide the Demanding Authority with a Further Competition ITT for Confirmed Delivery Date (CDD) within 10 business days of receipt of the DSG Baan Purchase Order.
26.1.4 In the event that competition the further pricing information requested from Contractor is unable to accept the suppliers; set out in a Further Competition ITT for that competition a time limit Purchase Order, he shall notify the Demanding Authority by facsimile or e-mail accordingly within 10 business days, giving details of the reason for the receipt by it of Tenders which takes into account factors such as the complexity non-acceptance and those aspects of the subject matter order which require amendment.
26.1.5 The Contractor must notify the Procurement Branch at the earliest opportunity of the intended call-off contract and inability to meet the time needed Confirmed Delivery Date. With reference to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competitionDEFCON 614, the relevant Participating Authority/ies may postponeAuthority reserves the right to cancel, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed at no cost to the framework in respect of Crown, any orders which fail to meet the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance with the requirements of the relevant Participating Authorities and/or the nature of the specification or statement of requirements, including timescales for each stage of the process. Participating Authority/ies and suppliers shall comply with the obligations and expectations of the Cabinet Office Statement of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPE, the terms and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationConfirmed Delivery Date.
Appears in 1 contract
ORDERING PROCEDURE. Participating Authority/ies wishes to place an The Buyer submits its purchase order for any products or services included in any writing by electronic mail. The purchase order must contain, among other things, a clear specification of the Lots covered through this Framework AgreementProducts, that Participating Authority shall: identify their quantities and the required delivery date. The purchase order becomes binding upon its delivery to Beghelli-Elplast. Unless explicitly agreed in writing between Beghelli-Elplast and the Buyer in the documentation under article II hereof, any part of the Buyer’s purchase order which is in conflict with or otherwise inconsistent with these GTC shall be dismissed and shall not become part of any business contract between Beghelli-Elplast and the Buyer. Beghelli-Elplast shall confirm the purchase order and specify the delivery date or possibly also the available quantity in writing by electronic mail. If Beghelli-Elplast is not able to confirm within 48 (forty eight) hours the date of delivery of some or all purchase order items, Beghelli- Elplast shall at least confirm the acceptance of the purchase order with information on the estimated date of the sending of the final purchase order confirmation. Beghelli-Elplast does not have any liability for non-acceptance of the Buyer’s purchase order or any part thereof. If within 7 days from the acceptance of the purchase order confirmation or within a shorter period of time, with view to the estimated delivery date, the Buyer does not express by electronic mail its disagreement with the estimated delivery dates or some other facts different from its purchase order, the purchase order confirmation becomes the only binding and final document superior to the Buyer’s purchase order. Any changes in so confirmed purchase order are only possible in very exceptional cases and only after prior written approval by Beghelli- Elplast and must be made by cancelling the relevant Lot (where relevant) that its requirements fall under; develop a specification or statement of requirements setting out its requirements; supplement and refine the call-off Contract terms only to the extent: anticipated within the call-off contract terms and conditions as indicated by references to potential extra key provisions and/or as otherwise indicated; permitted by and in accordance with the requirements of the Regulations and the Law; invite tenders from all the suppliers who have entered into an agreement item in the same form as the framework agreement original purchase order and have been appointed to any of the relevant Lots that the specification or statement of requirements falls under by conducting a competition for the delivery of the relevant specification or statement of requirements and in particular: consult in writing and invite the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct new purchase order. Where the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested from the suppliers; set out in a Further Competition ITT for that competition a time limit for the receipt by it of Tenders which takes into account factors such as the complexity of the subject matter of the intended call-off contract and the time needed to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period estimated delivery date specified in the relevant Further Competition ITT issued by purchase order confirmation cannot be met, Beghelli-Elplast shall inform the relevant Participating Authority/iesBuyer on this fact within no later than 1 (one) day before the estimated delivery date with specification of an alternative delivery date. Beghelli-Elplast shall not in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order case be liable for any products loss of profit, operational loss or services any special, consequential, incidental or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results punitive damage(s) of any further competition and kind for the execution of failure to meet the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described delivery dates specified in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance with the requirements of the relevant Participating Authorities and/or the nature of the specification or statement of requirements, including timescales for each stage of the process. Participating Authority/ies and suppliers shall comply with the obligations and expectations of the Cabinet Office Statement of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPE, the terms and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationsaid purchase order confirmations.
Appears in 1 contract
Samples: General Terms and Conditions
ORDERING PROCEDURE. Participating Authority/ies wishes (a) Not less than thirty-one (31) days prior to place a Scheduled Delivery Period, PQPC shall provide EPOS a schedule of estimated daily Fuel consumption and an order for any products or services included in any estimate of the Lots covered through this Framework Agreementvolumes in cargo lots of 120,000 barrels +/- ten percent (10%), and dates upon which deliveries will be required during that Participating Authority shall: identify Scheduled Delivery Period (the relevant Lot (where relevant) that "Forecast"). PQPC shall provide EPOS with any updates or changes to the Forecast promptly after PQPC becomes aware of the circumstances or events giving rise to such updates or changes. The information contained in the Forecast and any update or change thereto shall be based on PQPC's good faith estimate of its requirements fall under; develop a specification but shall not be binding on PQPC or statement give rise to any obligation or liability on the part of requirements setting out its requirements; supplement and refine the call-off Contract terms only PQPC. Any updates or changes to the extent: anticipated within Forecast shall be made prior to the call-off contract terms Cancellation Date. It is understood and conditions as indicated by references agreed that the Forecast is an estimate and not PQPC's Order. At the Unloading Point, PQPC shall have the right to potential extra key provisions and/or as otherwise indicated; permitted by and reject any quantities of Fuel delivered in accordance with excess of PQPC's Order.
(b) PQPC shall issue a PQPC's Order no later than 21 days prior to the requirements first day of the Regulations and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed Scheduled Delivery Period for each delivery of Fuel that PQPC desires to receive. PQPC shall promptly notify EPOS of any necessary adjustment to any PQPC's Order. However, should any adjustment to any PQPC's Order be received after the Cancellation Date, EPOS's only obligation regarding such adjustment is to make commercially reasonable efforts to accommodate such adjustment. Not later than five (5 ) days following receipt of a PQPC's Order or five (5 ) days following any necessary adjustment to any PQPC's Order, whichever is later, EPOS shall notify PQPC of any necessary adjustment, if any, to the relevant Lots that schedule for delivery of Fuel. PQPC shall use reasonable efforts to accommodate any necessary adjustment to the specification schedule for delivery of Fuel.
(c) Any vessel used to transport and deliver Fuel hereunder must meet the specifications set forth by the Puerto Quetzal Port Authority and shall be chartered by or statement at the direction of requirements falls under by conducting a competition EPOS or EPOS's supplier at EPOS’s sole cost and expense, for the delivery of the relevant specification or statement of requirements and in particular: consult in writing and invite the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested Fuel from the suppliers; Loading Point to the Unloading Point.
(d) Prior to chartering a vessel for transporting the Fuel, EPOS shall send PQPC (by facsimile) the information set out in a Further Competition ITT for that competition a time limit for forth below relating to the receipt by it of Tenders which takes into account factors vessel to be chartered, and PQPC shall have the right to approve or reject such as the complexity of the subject matter of the intended call-off contract and the time needed vessel, such approval not to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and be unreasonably withheld (subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance vessel complying with the requirements set forth in paragraph (c) immediately above), by notice to EPOS on or before the fourth day after receipt of the relevant Participating Authorities and/or the nature EPOS's vessel nomination, with any failure by PQPC to send such notice within such time being deemed an approval of the specification or statement vessel: Name Current name of requirementsvessel and, including timescales for each stage if applicable, last previous name of vessel Deadweight Tons (DWT) in Metric Tons Length Overall (LOA) in Meters Extreme Breadth (Beam) in Meters Bow to Center Manifold (BCM) in Meters Draft in Meters Flag Country of the process. Participating Authority/ies Vessel's flag Intertanko 88 Form (or most recent version) Certificate of International Financial Responsibility Copy of previous "vessel acceptability" by other major oil companies or receiving facilities Certificate or other evidence showing proof of Protection and suppliers Indemnity Insurance including Pollution (minimum acceptable coverage is $500 million)
(e) In the event that a vessel nominated by EPOS is not acceptable to PQPC, EPOS shall comply with secure or cause to be secured alternative vessel transportation (which shall also be subject to paragraphs (c) and (d) immediately above) that is acceptable to PQPC.
(f) Not less than ten (10) days prior to the obligations and expectations first day of the Cabinet Office Statement Scheduled Delivery Period, EPOS shall provide to PQPC a shipping schedule that will detail the projected date of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer departure of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPEEPOS's vessel, the terms port of departure, and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationprojected arrival date at the Unloading Point.
Appears in 1 contract
Samples: Fuel Supply Agreement
ORDERING PROCEDURE. Participating Authority/ies wishes (a) Not less than thirty-one (31) days prior to place a Scheduled Delivery Period, PQPC shall provide EPOS a schedule of estimated daily Fuel consumption and an order for any products or services included in any estimate of the Lots covered through this Framework Agreementvolumes in cargo lots of 120,000 barrels +/- ten percent (10%), and dates upon which deliveries will be required during that Participating Authority shall: identify Scheduled Delivery Period (the relevant Lot (where relevant) that "Forecast"). PQPC shall provide EPOS with any updates or changes to the Forecast promptly after PQPC becomes aware of the circumstances or events giving rise to such updates or changes. The information contained in the Forecast and any update or change thereto shall be based on PQPC's good faith estimate of its requirements fall under; develop a specification but shall not be binding on PQPC or statement give rise to any obligation or liability on the part of requirements setting out its requirements; supplement and refine the call-off Contract terms only PQPC. Any updates or changes to the extent: anticipated within Forecast shall be made prior to the call-off contract terms Cancellation Date. It is understood and conditions as indicated by references agreed that the Forecast is an estimate and not PQPC's Order. At the Unloading Point, PQPC shall have the right to potential extra key provisions and/or as otherwise indicated; permitted by and reject any quantities of Fuel delivered in accordance with excess of PQPC's Order.
(b) PQPC shall issue a PQPC Order no later than 21 days prior to the requirements first day of the Regulations and the Law; invite tenders from all the suppliers who have entered into an agreement in the same form as the framework agreement and have been appointed Scheduled Delivery Period for each delivery of Fuel that PQPC desires to receive. PQPC shall promptly notify EPOS of any necessary adjustment to any PQPC's Order. However, should any adjustment to any PQPC Order be received after the Cancellation Date, EPOS's only obligation regarding such adjustment is to make commercially reasonable efforts to accommodate such adjustment. Not later than five (5) days following receipt of a PQPC's Order or five (5 ) days following any necessary adjustment to any PQPC Order, whichever is later, EPOS shall notify PQPC of any necessary adjustment, if any, to the relevant Lots that schedule for delivery of Fuel. PQPC shall use reasonable efforts to accommodate any necessary adjustment to the specification schedule for delivery of Fuel.
(c) Any vessel used to transport and deliver Fuel hereunder must meet the specifications set forth by the Puerto Quetzal Port Authority and shall be chartered by or statement at the direction of requirements falls under by conducting a competition EPOS or EPOS's supplier at EPOS’s sole cost and expense, for the delivery of the relevant specification or statement of requirements and in particular: consult in writing and invite the suppliers referred to in this Clause 1.1.4 to submit a Tender within a specified time limit by issuing a Further Competition ITT; conduct the competition in accordance with this Schedule; specify in a Further Competition ITT for that competition the further pricing information requested Fuel from the suppliers; Loading Point to the Unloading Point.
(d) Prior to chartering a vessel for transporting the Fuel, EPOS shall send PQPC (by facsimile) the information set out in a Further Competition ITT for that competition a time limit for forth below relating to the receipt by it of Tenders which takes into account factors vessel to be chartered, and PQPC shall have the right to approve or reject such as the complexity of the subject matter of the intended call-off contract and the time needed vessel, such approval not to submit a Tender; and keep each Tender received confidential until the expiry of the time limit for the receipt by it of the Tenders; apply the award criteria to all compliant Tenders submitted through the competition; and be unreasonably withheld (subject to Clause 1.3 to 1.4 of this Schedule, place an order with the highest scoring supplier(s) using the Order Form. The suppliers agree that all Tenders submitted by the suppliers in relation to further competitions held pursuant to Clause 1 of this Schedule shall remain open for acceptance for ninety (90) days (or such other period specified in the relevant Further Competition ITT issued by the relevant Participating Authority/ies) in accordance with Clause 1 of this Schedule. Notwithstanding the fact that a Participating Authority/ies has followed the procedure set out in Clause 1 of this Schedule when conducting any further competition, the relevant Participating Authority/ies may postpone, delay or end any such procedure without placing an order for any products or services or awarding a call-off contract. Nothing in this Framework Agreement shall oblige any Participating Authority/ies to place any order for any products or services. Before placing an order a Participating Authority/ies may conduct a standstill period between announcing the results of any further competition and the execution of the relevant call-off contract but is not required to do so by the Regulations. For the avoidance of doubt where a standstill period is conducted in respect of any further competition that standstill may but need not be conducted in a way that is compliant with the Regulations. Following the execution of any Call-Off Contract a Participating Authority/ies: may publish a contract award notice as described in the Regulations but is not required to do so by the Regulations; and/or may publish information concerning the call-off contract on Contracts Finder or any successor of Contracts ▇▇▇▇▇▇. Call-Off Rules Unless permitted under Clause 2.2 of this Schedule a Participating Authority/ies must conduct a Competition in accordance with this Schedule before awarding any call-off contract. A Participating Authority/ies may run a further competition and issue a Further Competition ITT on its own behalf (in respect of its own requirements) and/or on behalf of other Participating Authorities (in respect of such other Participating Authority/ies’ requirements) Nothing in this framework agreement shall prevent a Participating Authority/ies in engaging in preliminary market consultations before commencing a procurement process as permitted under Regulation 40 of the Regulations. If a Participating Authority/ies engages in preliminary market consultations, they shall ensure that all consultations are carried out in accordance with the Regulations and in particular will ensure that the consultations do not have the effect of distorting competition and do not result in the violation of the principles of non-discrimination and transparency. Participating Authority/ies shall, when running a further competition, issue a Further Competition ITT to each supplier appointed to the framework in respect of the relevant Lot. These call-off rules do not prescribe particular timescales for each stage of each further competition. It is anticipated that the timescales for each further competition will vary in accordance vessel complying with the requirements set forth in paragraph (c) immediately above), by notice to EPOS on or before the fourth day after receipt of the relevant Participating Authorities and/or the nature EPOS's vessel nomination, with any failure by PQPC to send such notice within such time being deemed an approval of the specification or statement vessel: Name Current name of requirementsvessel and, including timescales for each stage if applicable, last previous name of vessel Deadweight Tons (DWT) in Metric Tons Length Overall (LOA) in Meters Extreme Breadth (Beam) in Meters Bow to Center Manifold (BCM) in Meters Draft in Meters Flag Country of the process. Participating Authority/ies Vessel's flag Intertanko 88 Form (or most recent version) Certificate of International Financial Responsibility Copy of previous "vessel acceptability" by other major oil companies or receiving facilities Certificate or other evidence showing proof of Protection and suppliers Indemnity Insurance including Pollution (minimum acceptable coverage is $500 million)
(e) In the event that a vessel nominated by EPOS is not acceptable to PQPC, EPOS shall comply with secure or cause to be secured alternative vessel transportation (which shall also be subject to paragraphs (c) and (d) immediately above) that is acceptable to PQPC.
(f) Not less than ten (10) days prior to the obligations and expectations first day of the Cabinet Office Statement Scheduled Delivery Period, EPOS shall provide to PQPC a shipping schedule that will detail the projected date of Practice “Staff Transfers in the Public Sector” (as amended) (“COSOP”) and Fair Deal for Staff Pensions (2013) in relation to any call-off contract (where relevant). The transfer departure of staff in connection with the award of call-off contracts shall be governed by TUPE, or, if TUPE is considered not to apply in any particular circumstances, by COSOP. In line with the principles of TUPEEPOS's vessel, the terms port of departure, and conditions (including continuity of service) of transferring staff shall be protected and staff must be treated no less favourably than had TUPE applied. As provided for by COSOP, neither Participating Authority/ies nor the suppliers shall orchestrate a non-TUPE situationprojected arrival date at the Unloading Point.
Appears in 1 contract
Samples: Fuel Supply Agreement