Third Party Contracting Clause Samples
The Third Party Contracting clause defines the conditions under which one party may engage external entities to perform obligations or services under the agreement. Typically, this clause outlines whether prior consent is required before subcontracting, sets standards for the selection of third parties, and may require the contracting party to remain responsible for the third party’s performance. Its core function is to manage and control the involvement of outside parties, ensuring accountability and protecting the interests of the original contracting parties.
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Third Party Contracting. Grantee shall not award contracts over three thousand dollars ($3,000) on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by ▇▇▇▇▇▇▇, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.
1. If Grantee hires a consultant to carry out professional services funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (▇▇▇) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant.
2. If Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall: prepare an ICE (e.g., a construction cost estimate) prior to soliciting bids; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a ▇▇▇ establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor.
Third Party Contracting. 4.1. Recipient will comply with all applicable local, state, or federal laws, regulations, policies and procedures in the procurement of goods and services funded in whole or in part under this Contract.
Third Party Contracting. If a federal or state audit indicates that payments to a third party contractor fail to comply with applicable federal or state laws, rules or regulations, SUBRECIPIENT shall refund and pay to AUTHORITY any compensation paid to the contractor arising from such noncompliance, plus costs, including audit costs.
Third Party Contracting a. LOCAL AGENCY shall not award a construction contract over $10,000 or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this Agreement without the prior written approval of CALTRANS. Contracts awarded by LOCAL AGENCY, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds.
b. Any subcontract entered into by LOCAL AGENCY as a result of this Agreement shall mandate that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as Project costs only after those costs are incurred and paid for by the subcontractors.
c. If local match is a requirement of these funds, LOCAL AGENCY must ensure that local match funds used for the Project meet the requirements outlined in this Agreement in the same manner as is required of all other Project expenditures.
d. In addition to the above, the pre-award requirements of third party contractor/consultants with local agencies must be consistent with Local Program Policy (LPP 00-05).
Third Party Contracting. 19.1 The Provider must obtain the prior written approval of the Executive if it wishes to engage an agent, sub-contractor or third party to provide any of the Services or part thereof to the extent required at Section 3 of the HPSR.
19.2 The Provider must ensure that any agent, sub-contractor or third party who is engaged to provide any of the Services or part thereof is subject to the same obligations to which the Provider is subject under this Arrangement regardless of whether or not Clause 19.1 applies to such engagement.
19.3 The Provider shall be fully responsible for the acts and omissions of any agent, subcontractor or third party who is engaged to provide any of the Services or part thereof (regardless of whether or not Clause 19.1 applies to such engagement) and will indemnify the Executive in respect of all losses, damages, claims, costs (including legal costs) and professional and other expenses of any nature whatsoever incurred or suffered by the Executive as a result of any acts and omissions of any such agent, sub-contractor or third party.
Third Party Contracting. Although the Grantee may delegate any or almost all Project responsibilities to one or more third-party contractors, the Grantee agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement.
1. Competitive Procurement. Grantee shall not award contracts over $3,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by ▇▇▇▇▇▇▇, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. If Grantee hires a third-party contractor to carry out work funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as an evaluation factor in selecting the third-party contractor and for construction services, award the work to the lowest responsive and responsible bidder; document a Record of Negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor.
Third Party Contracting. Although the Grantee may delegate any or almost all Project responsibilities to one or more third- party contractors, the Grantee agrees that it, rather than any third-party contractor, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. The first invoice utilizing any third-party contractor shall be accompanied by evidence of compliance with the following requirements:
1. Competitive Procurement Grantee shall not award contracts over $10,000 on the basis of a noncompetitive procurement for work to be performed under this Agreement without the prior written approval of SANDAG. Contracts awarded by ▇▇▇▇▇▇▇, if intended as local match credit, must meet the requirements set forth in this Agreement regarding local match funds. Upon request by ▇▇▇▇▇▇, Grantee shall submit its Request for Proposals or bid solicitation documents to SANDAG staff for review and comment for consistency with the agreed upon Scope of Work with SANDAG and to ensure a competitive process was used. If Grantee hires a third-party contractor to carry out work funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate prior to soliciting proposals/bids; publicly advertise for competing proposals/bids for the work; for professional services, use cost as a significant evaluation factor in selecting the third-party contractor; document a record of negotiation establishing that the amount paid by Grantee for the work is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor.
Third Party Contracting. The Company and the Union agree that job security and a stable work environment are important objectives to be maintained. Therefore, the Company agrees that contracting with third parties shall be prohibited if it results in a reduction in force or involuntary furlough. It is the intent of both parties that covered work be done by Southwest Airlines Employees.
1. Should the Company have a need to contract with third parties for the performance of covered work, the Company shall notify the Union of:
a. The nature of the contract; and
b. The anticipated length of time the third-party work shall be required. The Company and the Union agree to discuss the time frames in an attempt to minimize such third-party work and return same to covered Employees. No such contracting shall occur when and if adequate facilities are available for the Company's operations, ramp, and/or freight needs.
2. Should the Company have a need to contract with third parties for the performance of covered work at stations where flight activity does not exceed eighty-four (84) departures per week, the Company shall be entitled to do so. The Company shall notify the Union of:
a. The nature of the contract; and
b. The anticipated length of time the third-party work shall be required. This provision shall not apply to stations where Southwest employs TWU 555 Members as of date of ratification. The Company and the Union agree that once a station employs TWU 555 Members, they shall not be displaced or replaced with third-party work unless the station is closed.
3. The Company and the Union agree that the Company may use a third-party for the performance of covered work in the San ▇▇▇▇, Puerto Rico station so long as departures do not exceed twenty-five (25) departures per day.
4. For purposes of Paragraph F.2-3, a lookback will be performed each week in a calendar year to determine if the number of weekly or daily departures exceeds the specified threshold. On a monthly basis, the Company will provide the Union with the information necessary to perform the weekly or daily lookback for stations covered by this Agreement where Southwest does not employ TWU 555 Members.
Third Party Contracting. Any third party contracted to carry out any work in relation to this Agreement that may involve access to, or use information received under this Agreement, must be subject to confidentiality and compliance with laws obligations substantially similar to those set out in this Agreement, which will be reflected in any associated Contract for Services with the third party.
Third Party Contracting. Any subcontract entered into by LOCAL AGENCY as a result of this Agreement shall mandate that travel and per diem reimbursements and third-party contract reimbursements to Subcontractors will be allowable as Project costs only after those costs are incurred and paid for by Subcontractors.