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Within the ISO 27032 international standard for materials and procurement, there is a provision called "change of supplier" which basically allows a customer to obtain services from one or more suppliers without being forced to leave their old supplier. This is especially helpful in case of changing suppliers because it prevents customers from being under contract with one supplier while still having an obligation to pay the lien on that supplier's work. The customer can then obtain contracts for all or some of the work from another company, which would only have lien rights over what it paid for. In most cases, it is likely that this would be a small amount of the total cost, since the original supplier would have already been paid for most of their work, and any new work would normally be negotiated at a discount from the price they quoted. But there are a couple of exceptions to the general rule that a change of supplier is an easy way out. One exception is where "the Customer has previously requested to cancel all orders with the Original Supplier prior to awarding further orders to another Original Supplier." This means that if you've asked your supplier for an exemption to your contract's lien rights in order to get out of your contract with them, then you can't take advantage of change of supplier provisions in future contracts. There is one other very limited exception for change of supplier, where the supplier is allowed to add a new lien to your contract once they've paid out all their claims. The other two exceptions both depend on the fact that the "original" or "first" order has no lien rights attached to it. In other words, all future contracts will have a lien provision that states that a contractor must pay out its claims before they can be paid by the customer. Therefore, if a customer has greater responsibility for procuring materials and/or services from another supplier, then there tends to be less risk in giving up the original supplier's lien right. In general, "the Customer is totally involved in the procurement" when it has control over the selection of contractors and has been ordered to procure services from an MPR supplier. However, if a contractor is ordered to provide a majority of the materials and/or services themselves (rather than simply contracting out for them), and they are not given substantial discretion in their choice of suppliers, then they will not be deemed to be in total control of procurement. This greatly reduces the risk involved in taking on new suppliers because there will be no material change in the contractual relationship with your old supplier. And finally, there is a completely different limitation on suppliers from those listed above. In short, if you have been ordered to procure services from a particular supplier, and they are simply qualified as the lowest bidder, "you may not change suppliers unless the amounts paid to the first supplier under all orders still unpaid at the time of change of supplier do not exceed 10% of the total value of all work ordered." If this is exceeded, then you must notify your old supplier and wait for 150 days before making a change. The footnote to this paragraph reads: "This footnote applies to re-invigorated contracts." These contracts allow customers to renegotiate their contracts with their original contractor immediately after an unpaid claim has been made. cfa1e77820
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