Common use of ADOT RESERVED RIGHTS Clause in Contracts

ADOT RESERVED RIGHTS. In connection with this procurement, ADOT reserves to itself all rights (which rights shall be exercisable by ADOT in its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to: (a) Develop the Project in any manner that ADOT, in its sole discretion, deems necessary; (b) Negotiate with a Proposer without being bound by any provision in its Proposal or other submittal provided in connection with this procurement and to suspend or terminate negotiations at any time; (c) Elect not to commence or continue negotiations with any Proposer; (d) If ADOT is unable to negotiate the Contract to its satisfaction with a Proposer, elect to negotiate in succession with the next highest rated Proposer(s), terminate this procurement and pursue other developments or solicitations relating to the Project, or exercise such other rights under applicable law, as ADOT deems appropriate; (e) Accept or reject any SOQs, Proposals, responses, supplemental information or data, other submittals, or any parts thereof, received from Respondents or Proposers at any time; (f) Waive any informalities, irregularities, deficiencies, or omissions in or in connection with the SOQs, accept and review a non-conforming SOQ, or permit clarifications and supplements to any SOQ; (g) Modify all dates set or projected in this RFQ or in the RFP; (h) Issue Addenda, supplements, and modifications to this RFQ and the RFP; (i) Require confirmation of information furnished by a Respondent, require additional information from a Respondent concerning its SOQ, and require additional evidence of qualifications to perform the work described in the RFQ; (j) Cancel this RFQ, or the subsequent RFP, in whole or in part at any time prior to the execution by ADOT of the Contract, without incurring any cost obligations or liabilities, except as otherwise provided in the RFP; (k) Modify the shortlisting determination; (l) Permit a Respondent to add, delete, or change Equity Members, Major Non- Equity Members and/or Key Personnel; (m) Make all final determinations; (n) Appoint evaluation committees to review SOQs and make recommendations regarding the SOQs, and seek the assistance of outside technical, financial, and legal experts and consultants in connection with the SOQ evaluations; (o) Hold meetings and conduct discussions and correspondence with one or more of the Respondents regarding their SOQs; (p) Seek and obtain information or data, from any source, that may assist ADOT in evaluating the SOQs; (q) Disqualify any Respondent to this RFQ, the RFP, or during the period between the RFQ and the RFP, for violating any rules or requirements of the procurement set forth in this RFQ, the RFP, or in any other communication from ADOT in connection with this procurement; (r) Not issue a notice to proceed after execution of the Contract; (s) Exercise any other right reserved or afforded to ADOT under this RFQ or applicable laws, regulations or guidelines; and (t) Add or modify ADOT’s reserved rights in Addenda to this RFQ and the subsequent RFP. APPENDIX A: PROJECT MAP AND DESCRIPTION; PERMITS AND APPROVALS

Appears in 1 contract

Samples: Design Build Operate Maintain Agreement

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ADOT RESERVED RIGHTS. In connection with this procurement, ADOT reserves to itself all rights (which rights shall be exercisable by ADOT in its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to: (a) Develop the Project in any manner that ADOT, in its sole discretion, ADOT deems necessary;. (b) Negotiate with a Proposer without being bound by any provision in its Proposal proposal or other submittal provided in connection with this procurement and to suspend or terminate negotiations at any time;. (c) Elect not to commence or continue negotiations with any responding Proposer;. (d) If ADOT is unable to negotiate the Contract a P3 Agreement to its satisfaction with a Proposer, elect to negotiate in succession with the next highest rated Proposer(s), terminate this procurement and pursue other developments or solicitations relating to the Project, or exercise such other rights under applicable law, as ADOT deems appropriate;. (e) Accept or reject any SOQs, Proposalsproposals, responses, supplemental information or data, other submittals, or any parts thereof, received from Respondents or Proposers at any time;. (f) Waive any informalities, irregularities, deficiencies, or omissions in or in connection with the SOQs, accept and review a non-conforming nonconforming SOQ, or permit clarifications and supplements to any SOQ;. (g) Modify all dates set or projected in this RFQ or in the RFP;RFQ. (h) Issue Addenda, supplements, and modifications to this RFQ and the RFP;. (i) Require confirmation of information furnished by a RespondentProposer, require additional information from a Respondent Proposer concerning its SOQ, and require additional evidence of qualifications to perform the work Work described in the RFQ;. (j) Cancel this RFQ, or the subsequent RFP, in whole or in part at any time prior to the execution by ADOT of the ContractP3 Agreement, without incurring any cost obligations or liabilities, except as otherwise provided in the RFP;. (k) Modify the shortlisting determination;determination based on subsequently learned information. (l) Permit a Respondent Proposer to add, delete, or change Lead Contractors, Lead Operation and Maintenance Firms, Equity Members, Members or Major Non- Non-Equity Members and/or Key Personnel;. (m) Make all final determinations; (n) Appoint evaluation committees to review SOQs and make recommendations regarding the SOQs, and seek the assistance of outside technical, financial, and legal experts and consultants in connection with the SOQ evaluations;. (on) Hold meetings and conduct discussions and correspondence with one or more of the Respondents Proposers regarding their SOQs;. (po) Seek and obtain information or data, from any source, that may assist ADOT in evaluating the SOQs;. (qp) Disqualify any Respondent to Proposer under this RFQ, the RFP, or during the period between the RFQ and the RFP, for violating any rules or requirements of the procurement set forth in this RFQ, the RFP, or in any other communication from ADOT in connection with this procurement;. (rq) Not issue a notice to proceed after execution of the Contract;financial close. (sr) Exercise any other right reserved or afforded to ADOT under this RFQ or applicable laws, regulations laws or guidelines; andregulations. (ts) Add or modify ADOT’s reserved rights in Addenda to this RFQ and the subsequent RFP. Arizona Department of Transportation Phoenix Metropolitan Area Freeway Lighting Project Page 60 of 60 Request for Qualifications Project #F014701C Addendum #3, September 14,4, October 5, 2017 APPENDIX A: PROJECT MAP AND DESCRIPTION; PERMITS AND APPROVALS:

Appears in 1 contract

Samples: Public Private Partnership Agreement

ADOT RESERVED RIGHTS. In connection with this procurement, ADOT reserves to itself all rights (which rights shall be exercisable by ADOT in its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to: (a) Develop the Project in any manner that ADOT, in its sole discretion, ADOT deems necessary;. (b) Negotiate with a Proposer without being bound by any provision in its Proposal proposal or other submittal provided in connection with this procurement and to suspend or terminate negotiations at any time;. (c) Elect not to commence or continue negotiations with any responding Proposer;. (d) If ADOT is unable to negotiate the Contract a P3 Agreement to its satisfaction with a Proposer, elect to negotiate in succession with the next highest rated Proposer(s), terminate this procurement and pursue other developments or solicitations relating to the Project, or exercise such other rights under applicable law, as ADOT deems appropriate;. (e) Accept or reject any SOQs, Proposalsproposals, responses, supplemental information or data, other submittals, or any parts thereof, received from Respondents or Proposers at any time;. (f) Waive any informalities, irregularities, deficiencies, or omissions in or in connection with the SOQs, accept and review a non-conforming nonconforming SOQ, or permit clarifications and supplements to any SOQ;. (g) Modify all dates set or projected in this RFQ or in the RFP;RFQ. (h) Issue Addenda, supplements, and modifications to this RFQ and the RFP;. (i) Require confirmation of information furnished by a RespondentProposer, require additional information from a Respondent Proposer concerning its SOQ, and require additional evidence of qualifications to perform the work Work described in the RFQ;. (j) Cancel this RFQ, or the subsequent RFP, in whole or in part at any time prior to the execution by ADOT of the ContractP3 Agreement, without incurring any cost obligations or liabilities, except as otherwise provided in the RFP;. (k) Modify the shortlisting determination;determination based on subsequently learned information. (l) Permit a Respondent Proposer to add, delete, or change Lead Contractors, Lead Operation and Maintenance Firms, Equity Members, Members or Major Non- Non-Equity Members and/or Key Personnel;. (m) Make all final determinations; (n) Appoint evaluation committees to review SOQs and make recommendations regarding the SOQs, and seek the assistance of outside technical, financial, and legal experts and consultants in connection with the SOQ evaluations;. Arizona Department of Transportation Phoenix Metropolitan Area Freeway Lighting Project Page 57 of 5858 Request for Qualifications Project #F014701C Addendum #3, September 14, 2017 (on) Hold meetings and conduct discussions and correspondence with one or more of the Respondents Proposers regarding their SOQs;. (po) Seek and obtain information or data, from any source, that may assist ADOT in evaluating the SOQs;. (qp) Disqualify any Respondent to Proposer under this RFQ, the RFP, or during the period between the RFQ and the RFP, for violating any rules or requirements of the procurement set forth in this RFQ, the RFP, or in any other communication from ADOT in connection with this procurement;. (rq) Not issue a notice to proceed after execution of the Contract;financial close. (sr) Exercise any other right reserved or afforded to ADOT under this RFQ or applicable laws, regulations laws or guidelines; andregulations. (ts) Add or modify ADOT’s reserved rights in Addenda to this RFQ and the subsequent RFP. Arizona Department of Transportation Phoenix Metropolitan Area Freeway Lighting Project Page 58 of 5858 Request for Qualifications Project #F014701C Addendum #3, September 14, 2017 APPENDIX A: PROJECT MAP DESCRIPTION AND DESCRIPTION; PERMITS AND APPROVALSPROJECT STATUS

Appears in 1 contract

Samples: Public Private Partnership Agreement

ADOT RESERVED RIGHTS. In connection with this procurement, ADOT reserves to itself all rights (which rights shall be exercisable by ADOT in its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to: (a) Develop the Project in any manner that ADOT, in its sole discretion, ADOT deems necessary;necessary.‌ (b) Negotiate with a Proposer without being bound by any provision in its Proposal proposal or other submittal provided in connection with this procurement and to suspend or terminate negotiations at any time;. (c) Elect not to commence or continue negotiations with any responding Proposer;. (d) If ADOT is unable to negotiate the Contract a P3 Agreement to its satisfaction with a Proposer, elect to negotiate in succession with the next highest rated Proposer(s), terminate this procurement and pursue other developments or solicitations relating to the Project, or exercise such other rights under applicable law, as ADOT deems appropriate;. (e) Accept or reject any SOQs, Proposalsproposals, responses, supplemental information or data, other submittals, or any parts thereof, received from Respondents or Proposers at any time;time.‌ (f) Waive any informalities, irregularities, deficiencies, or omissions in or in connection with the SOQs, accept and review a non-conforming nonconforming SOQ, or permit clarifications and supplements to any SOQ;. (g) Modify all dates set or projected in this RFQ or in the RFP;RFQ. (h) Issue Addenda, supplements, and modifications to this RFQ and the RFP;. (i) Require confirmation of information furnished by a RespondentProposer, require additional information from a Respondent Proposer concerning its SOQ, and require additional evidence of qualifications to perform the work Work described in the RFQ;. (j) Cancel this RFQ, or the subsequent RFP, in whole or in part at any time prior to the execution by ADOT of the ContractP3 Agreement, without incurring any cost obligations or liabilities, except as otherwise provided in the RFP;. (k) Modify the shortlisting determination;determination based on subsequently learned information. (l) Permit a Respondent Proposer to add, delete, or change Lead Contractors, Lead Operation and Maintenance Firms, Equity Members, Members or Major Non- Non-Equity Members and/or Key Personnel;. (m) Make all final determinations; (n) Appoint evaluation committees to review SOQs and make recommendations regarding the SOQs, and seek the assistance of outside technical, financial, and legal experts and consultants in connection with the SOQ evaluations;. (on) Hold meetings and conduct discussions and correspondence with one or more of the Respondents Proposers regarding their SOQs;. (po) Seek and obtain information or data, from any source, that may assist ADOT in evaluating the SOQs;SOQs.‌ (qp) Disqualify any Respondent to Proposer under this RFQ, the RFP, or during the period between the RFQ and the RFP, for violating any rules or requirements of the procurement set forth in this RFQ, the RFP, or in any other communication from ADOT in connection with this procurement;. (rq) Not issue a notice to proceed after execution of the Contract;financial close. (sr) Exercise any other right reserved or afforded to ADOT under this RFQ or applicable laws, regulations laws or guidelines; andregulations. (ts) Add or modify ADOT’s reserved rights in Addenda to this RFQ and the subsequent RFP. APPENDIX A: PROJECT MAP DESCRIPTION AND DESCRIPTION; PERMITS AND APPROVALSPROJECT STATUS

Appears in 1 contract

Samples: Public Private Partnership Agreement

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ADOT RESERVED RIGHTS. In connection with this procurement, ADOT reserves to itself all rights (which rights shall be exercisable by ADOT in its sole discretion) available to it under applicable law, including without limitation, with or without cause, and with or without notice, the right to: (a) Develop the Project in any manner that ADOT, in its sole discretion, ADOT deems necessary;. (b) Negotiate with a Proposer without being bound by any provision in its Proposal proposal or other submittal provided in connection with this procurement and to suspend or terminate negotiations at any time;. (c) Elect not to commence or continue negotiations with any responding Proposer;. (d) If ADOT is unable to negotiate the Contract a P3 Agreement to its satisfaction with a Proposer, elect to negotiate in succession with the next highest rated Proposer(s), terminate this procurement and pursue other developments or solicitations relating to the Project, or exercise such other rights under applicable law, as ADOT deems appropriate;. (e) Accept or reject any SOQs, Proposalsproposals, responses, supplemental information or data, other submittals, or any parts thereof, received from Respondents or Proposers at any time;. (f) Waive any informalities, irregularities, deficiencies, or omissions in or in connection with the SOQs, accept and review a non-conforming nonconforming SOQ, or permit clarifications and supplements to any SOQ;. (g) Modify all dates set or projected in this RFQ or in the RFP;RFQ. (h) Issue Addenda, supplements, and modifications to this RFQ and the RFP;. (i) Require confirmation of information furnished by a RespondentProposer, require additional information from a Respondent Proposer concerning its SOQ, and require additional evidence of qualifications to perform the work Work described in the RFQ;. (j) Cancel this RFQ, or the subsequent RFP, in whole or in part at any time prior to the execution by ADOT of the ContractP3 Agreement, without incurring any cost obligations or liabilities, except as otherwise provided in the RFP;. (k) Modify the shortlisting determination;determination based on subsequently learned information. (l) Permit a Respondent Proposer to add, delete, or change Lead Contractors, Lead Operation and Maintenance Firms, Equity Members, Members or Major Non- Non-Equity Members and/or Key Personnel;. (m) Make all final determinations; (n) Appoint evaluation committees to review SOQs and make recommendations regarding the SOQs, and seek the assistance of outside technical, financial, and legal experts and consultants in connection with the SOQ evaluations;. (on) Hold meetings and conduct discussions and correspondence with one or more of the Respondents Proposers regarding their SOQs;. (po) Seek and obtain information or data, from any source, that may assist ADOT in evaluating the SOQs;. (qp) Disqualify any Respondent to Proposer under this RFQ, the RFP, or during the period between the RFQ and the RFP, for violating any rules or requirements of the procurement set forth in this RFQ, the RFP, or in any other communication from ADOT in connection with this procurement;. (rq) Not issue a notice to proceed after execution of the Contract;financial close. (sr) Exercise any other right reserved or afforded to ADOT under this RFQ or applicable laws, regulations laws or guidelines; andregulations. (ts) Add or modify ADOT’s reserved rights in Addenda to this RFQ and the subsequent RFP. APPENDIX A: PROJECT MAP DESCRIPTION AND DESCRIPTION; PERMITS AND APPROVALSPROJECT STATUS

Appears in 1 contract

Samples: Public Private Partnership Agreement

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