12.12Determination by the ISO Board as to Consultants and Contractors

The ISO Board shall apply reasonable and objective criteria as conflicts-of-interest screening guidelines for consultants and contractors.  In applying the guidelines to individual cases, the ISO Board will consider the nature of the services provided by the consultant or contractor, whether the consultant or contractor is engaged by the ISO on a substantially full-time basis, whether the consultant or contractor is required to comply with its own professional conflict of interest standard (e.g., attorneys, accountants, etc.), and whether the consultant or contractor will have access to market information.  The guidelines will be made known to the appropriate ISO Employees authorized to enter into contracts for outside services, and application of the Board’s criteria by the ISO Employees will be monitored by the ISO compliance officer.  In the event that any entity disputes a determination regarding a consultant or contractor, the matter may be referred to ADR, as covered in Section 12.12 of the ISO OATT.