CONTRACTS FOR GOODS AND SERVICES Clause Samples

CONTRACTS FOR GOODS AND SERVICES. Consistent with Program Obligations, to the extent that Borrower obtain, or cause to be obtained, contracts for goods, materials, supplies, and services (“Goods and Services”), it shall do so at costs, amounts, and terms that do not exceed reasonable and necessary levels and those customarily paid in the vicinity of the Land for Goods and Services received. The purchase price of Goods and Services shall be based on quality, durability and scope of work. Reasonable Operating Expenses do not include amounts paid for betterments as defined in the Property Jurisdiction or the Improvements unless determined by HUD to be prudent and appropriate. If the Borrower is acquiring goods and services whose costs exceed five percent (5.00%) of the Healthcare Facility’s gross annual revenue, Borrower shall solicit written cost estimates. Borrower shall keep copies of all written cost estimates and contracts or other instruments relating to the Project, all or any of which may be subject to inspection and examination by HUD at the Project or other mutually agreeable location.

CONTRACTS FOR GOODS AND SERVICES a. Unless the Global Fund agrees otherwise in writing, the Principal Recipient shall disclose to the Global Fund the policies and practices that it will use to contract for goods and services under this Agreement. At a minimum, such policies and practices shall conform to requirements 1 through 5 listed below. (1) Contracts shall be awarded, to the extent practical, on a competitive basis. (2) Solicitations for goods and services shall be based upon a clear and accurate description of the goods or services to be acquired. (3) Contracts shall be awarded only to responsible contractors that possess the potential ability to successfully perform the contracts. (4) No more than a reasonable price (as determined, for example, by a comparison of price quotations and market prices) shall be paid to obtain goods and services. (5) The Principal Recipient shall maintain records regarding the receipt and use of goods and services acquired under the Agreement by the Principal Recipient, the nature and extent of solicitations of prospective suppliers of goods and services acquired by the Principal Recipient, and the basis of award of Principal Recipient contracts and orders. b. Title to goods or other property financed under this Agreement shall be in the name of the Principal Recipient or such other entity as the Principal Recipient may designate and shall be disposed of by the Principal Recipient during the life of the Program or at its completion in accordance with Article 19 below. c. From time to time, the Global Fund will issue Implementation Letters to further advise the Principal Recipient regarding policies applicable to contracts for goods and services using Grant funds.

CONTRACTS FOR GOODS AND SERVICES. Although Tenant has no authority whatsoever to enter into contracts on the Port’s behalf or bind the Port, all contracts for acquisition of any furniture, fixtures, equipment and/or services provided to the Premises and necessary for the operation of the Premises as a cruise terminal shall contain a provision: (i) that the Port of Seattle is a third-party beneficiary of the agreement, (ii) that all representations, warranties and guaranties are fully assignable to the Port of Seattle, and (iii) that the contract may be assigned to and assumed by the Port of Seattle in the event of termination of this Lease.

CONTRACTS FOR GOODS AND SERVICES. Consistent with Program Obligations, Borrower shall obtain, or cause to be obtained, contracts for goods, materials, supplies, and services (“Goods and Services”) at costs, amounts, and terms that do not exceed reasonable and necessary levels and those customarily paid in the vicinity of the Land for Goods and Services received. The purchase price of Goods and Services shall be based on quality, durability and scope of work and shall be made upon the most advantageous terms to the Project operation. Reasonable Operating Expenses do not include amounts paid for betterments as defined in the Property Jurisdiction or Improvements unless determined by HUD to be prudent and appropriate. If the Borrower is acquiring goods and services whose usual costs are expected to exceed the greater of $10,000 or five (5) percent of the Borrower’s gross annual revenue, Borrower shall solicit written cost estimates to ensure that prices paid by Borrower for Goods and Services, including the preparation of the annual audit, are competitive with prices paid in the area for Goods and Services of similar quality. Borrower shall keep copies of all written contracts or other instruments relating to the Project, all or any of which may be subject to inspection and examination by HUD at the Project or other mutually agreeable location.

CONTRACTS FOR GOODS AND SERVICES. Consistent with Program Obligations, to the extent that Borrower obtain, or cause to be obtained, contracts for goods, materials, supplies, and services (“Goods and Services”) at costs, amounts, and terms that do not exceed reasonable and necessary levels and those customarily paid in the vicinity of the Land for Goods and Services received. The purchase price of Goods and Services shall be based on quality, durability and scope of work. Reasonable Operating Expenses do not include amounts paid for betterments as defined in the Property Jurisdiction or the Improvements unless determined by HUD to be prudent and appropriate. If the Borrower is acquiring goods and services whose costs exceed five percent (5.00%) of the Healthcare Facility’s gross annual revenue, Borrower shall solicit written cost estimates. Borrower shall keep copies of all written cost estimates and contracts or other instruments relating to the Project, all or any of which may be subject to inspection and examination by HUD at the Project or other mutually agreeable location. Previous versions obsolete Page 18 of 33 form HUD-92466-ORCF (06/2014)

CONTRACTS FOR GOODS AND SERVICES a. Unless the Global Fund agrees otherwise in writing, the Principal Recipient shall disclose to the Global Fund the policies and practices that it will use to contract for goods and services under the Grant Agreement. At a minimum, such policies and practices shall conform to requirements (i) through (v) listed below. (i) Contracts shall be awarded, to the extent practical, on a competitive basis. (ii) Solicitations for goods and services shall be based upon a clear and accurate description of the goods or services to be acquired. (iii) Contracts shall be awarded only to responsible contractors that possess the potential ability to successfully perform the contracts. (iv) No more than a reasonable price (as determined, for example, by a comparison of price quotations and market prices) shall be paid to obtain goods and services. (v) The Principal Recipient shall maintain records regarding the receipt and use of goods and services acquired under the Grant Agreement by the Principal Recipient, the nature and extent of solicitations of prospective suppliers of goods and services acquired by the Principal Recipient, and the basis of award of Principal Recipient contracts and orders. b. Title to goods or other property financed under the Grant Agreement shall be in the name of the Principal Recipient or such other entity as the Principal Recipient may designate and shall be disposed of by the Principal Recipient during the life of the Program or at its completion in accordance with Article 19 below. c. If the Sub-recipient concerned is a United Nations entity, such Sub-recipient during the Implementation Period shall be authorised to maintain title of the fixed assets and manage the assets in accordance with its policies and procedures. d. For each Program, the Principal Recipient shall maintain, where available at a reasonable cost, all risk property insurance on goods or other property financed under the Grant Agreement and comprehensive general liability insurance with financially sound and reputable insurance companies. The insurance coverage shall be consistent with that held by similar entities engaged in comparable activities. To the extent that the title to relevant goods or other property financed under the Grant Agreement is held by any Sub-recipient, the Principal Recipient shall require such Sub-recipient to maintain insurance of the type and coverage similar to the above..

CONTRACTS FOR GOODS AND SERVICES. The contracts for goods and services mechanism was specifically designed for the Operation and Maintenance of existing assets that belong to a community, but are financed by the water utility. This is one of the most direct routes to use the MERESE budget, advance the MERESE program objectives, and potentially to generate benefits for local communities. This year, NIWS supported SEDAPAL to design and implement the first contract for goods and services under their MERESE program. The contract was for the maintenance of a nursery in the rural community of San Antonio, which executed approximately USD 10,000 through a private contractor who worked with local community members to provide labor for the project. This contract represents an important milestone of implementing a new mechanism which is scarcely used by water utilities in their MERESE programs and had never been used by SEDAPAL. NIWS also completed five additional goods and service proposals under ▇▇▇▇▇▇▇’s MERESE program. These have been developed considering SEDAPAL’s priorities for natural infrastructure and will follow its procedures for reviews, approvals, and implementation. This year, NIWS explored the possibilities and identified key barriers for the use of performance-based contracts in the MERESE context. Performance-based contracts would offer a key alternative to currently-used implementation mechanisms for MERESE funds—namely Public Investment Projects and contracts for goods and services—by compensating landowners directly for the maintenance of critical natural infrastructure, as opposed to the input activities or practices expected to result in desired outcomes. The results-based payment helps to ensure incentives are aligned between upstream landowners and downstream payers and offers a positive incentive for ensuring compliance over time. It can also directly compensate opportunity costs associated with maintaining natural infrastructure, whereas practice-based contracts and investments can only really reach local communities through payments for services (e.g., labor) or investments in capacity-building and alternative production, which may not bring immediate, tangible benefits – even as changes in practices to avoid undesired land use might bring immediate, tangible impacts to the community. Despite all these benefits of performance-based contracts, there is no easy or obvious path for using them in the Peruvian MERESE context. In Q1, NIWS contracted a consortium led by Bespoke ...

CONTRACTS FOR GOODS AND SERVICES. Consistent with Program Obligations, Borrower shall obtain, or cause to be obtained, contracts for goods, materials, supplies, and services (“Goods and Services”) at costs, amounts, and terms that do not exceed reasonable and necessary levels and those customarily paid in the vicinity of the Land for Goods and Services received. The purchase price of Goods and Services shall be based on quality, durability and scope of work and shall be made upon the most advantageous terms to the Project operation. Reasonable Operating Expenses do not include amounts paid for betterments as defined in the Property Jurisdiction or Improvements unless determined by HUD to be prudent and appropriate. Borrower shall keep copies of all written contracts or other instruments relating to the Project, all or any of which may be subject to inspection and examination by HUD at the Project or other mutually agreeable location.

CONTRACTS FOR GOODS AND SERVICES a. Unless the Global Fund agrees otherwise in writing, (1) The Principal Recipient shall disclose to the Global Fund the policies and practices that it will use to contract for goods and services under this Agreement. At a minimum, such policies and practices shall conform to the requirements (a) through (e) listed below. (a) Contracts shall be awarded, to the extent practical, on a competitive basis. (b) Solicitations for goods and services shall be based upon a clear and accurate description of the goods or services to be acquired. (c) Contracts shall be awarded only to responsible contractors that possess the potential ability to successfully perform the contracts. (d) No more than a reasonable price (as determined, for example, by a comparison of price quotations and market prices) shall be paid to obtain goods and services. (e) The Principal Recipient shall maintain records regarding the receipt and use of goods and services acquired under the Agreement by the Principal Recipient, the nature and extent of solicitations of prospective suppliers of goods and services acquired by the Principal Recipient, and the basis of award of Principal Recipient contracts and orders. (2) Title to goods or other property financed by the Global Fund under this Agreement shall be in the name of the Principal Recipient or a Sub-recipient or other entity approved by the Principal Recipient. b. From time to time, the Global Fund may issue Implementation Letters to further advise the Principal Recipient regarding policies applicable to the contracts for goods (including pharmaceutical products) and services using Grant funds.