Authorized User Reserved Rights. The Authorized User shall have all the same reserved rights as the State, set forth in Section 2.3. In addition, to the above reserved rights, the Authorized User shall have the following additional reserved rights: 1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote Form; 2. To add requirements to the RFQ and resulting Authorized User Agreement that are more advantageous than the terms and conditions established within the Centralized Contract; 3. To disallow Subcontractors proposed to be used by the Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site. 4. To, in the event of an unanticipated or expedited need for services and the RFQ process provided for in the Contract will not allow the Authorized Users to meet such unanticipated or expedited need for services, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document the nature of the unanticipated or expedited need for services and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completed; 5. To request the Contractor’s insurance policy language for purposes of substantiating compliance with Attachment 2 - Insurance Requirements, or such other Insurance Requirements, as required by the Authorized User as part of an RFQ; 6. Conduct Contract negotiations with the next responsible Contractor responding to an RFQ, should the Authorized User be unsuccessful in negotiating with the selected Contractor, and 7. To, in the event of two or more tied quotes in response to an RFQ where Financial/Cost had a weight of 100%, ask each Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award. 8. If, in the first six months from the RFQ due date, a Contractor is unable to fulfill the terms of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services. 9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all of the following conditions are met: a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ; and b. Such terms and conditions do not contradict or violate any of the terms and conditions of the Contract, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and c. Such terms place no additional liability or responsibility on the Authorized User or the State; and
Appears in 9 contracts
Samples: Contract for Security Guard Services and Fire Safety Directors, Contract for Security Guard Services and Fire Safety Directors, Contract for Security Guard Services and Fire Safety Directors
Authorized User Reserved Rights. The An Authorized User shall have has the right, in its sole discretion, to:
A. Reject any or all Bids received in response to a Mini-Bid Project Definition;
B. Withdraw a Mini-Bid Project Definition at any time in its sole discretion;
C. Make an award under a Mini-Bid Project Definition in whole or in part;
D. Disqualify any Contractor whose conduct and/or fails to conform to the same reserved rights requirements of a Mini-Bid Project Definition;
E. Seek clarifications and revisions of the Bid;
F. Amend a Mini-Bid Project Definition prior to the Bid opening to correct errors or oversights, or to supply additional information as it becomes available;
G. Direct Contractors, prior to the Bid opening, to submit Bid modifications addressing subsequent Mini-Bid Project Definition amendments;
H. Change any of the schedule dates with notification to Contractors;
I. Eliminate any mandatory, non-material requirements that cannot be complied with by all Contractors;
J. Waive any requirements that are not material;
K. Utilize any and all ideas submitted in the Bids received;
L. Adopt all or any part of a Contractor's Bid in selecting the optimum configuration;
M. Negotiate with a Contractor within the Mini-Bid Project Definition requirements to serve the best interests of the State, set forth in Section 2.3. In addition, to the above reserved rights, the Authorized User shall have the following additional reserved rights:
1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote FormThis includes requesting clarifications of any or all Bids;
2. To add N. Require clarification at any time during the Mini-Bid process and/or require correction of arithmetic or other apparent errors for the purposes of assuring a full and complete understanding of a Contractor’s Bid and/or to determine a Contractor’s compliance with the requirements of the Mini-Bid Project Definition;
O. Select and award the Contract to the RFQ and resulting Authorized User Agreement that are more advantageous other than the terms and conditions established within the Centralized Contract;
3. To disallow Subcontractors proposed to be used by the selected Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site.
4. To, in the event of an unanticipated unsuccessful negotiations or expedited need for services and the RFQ process provided for in other specified circumstances as detailed in the Contract will not allow the Authorized Users to meet such unanticipated or expedited need for services, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document the nature of the unanticipated or expedited need for services and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completedMini-Bid Project Definition;
5. To request the Contractor’s insurance policy language P. Accept and consider for purposes of substantiating compliance award, Bids with Attachment 2 - Insurance Requirementsnon-material Bid Deviations or non- material Bid defects such as errors, technicalities, irregularities, or such other Insurance Requirements, as required by omissions;
Q. Use any information which the Authorized User as part of an RFQ;
6. Conduct Contract negotiations with the next responsible Contractor responding to an RFQ, should the Authorized User be unsuccessful in negotiating with the selected Contractor, and
7. Toobtains or receives from any source and determines relevant, in the event of two or more tied quotes in response to an RFQ where Financial/Cost had a weight of 100%, ask each Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award.
8. If, in the first six months from the RFQ due date, a Contractor is unable to fulfill the terms of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services.
9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all of the following conditions are met:
a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ; andsole discretion, for the purposes of bid evaluation and Contractor selection;
b. Such terms and conditions do not contradict or violate any of R. Consider a proper alternative where an evidently incorrect reference/parameter/component/product/model/code number is stated by the terms and conditions of the ContractState, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and
c. Such terms place no additional liability or responsibility on the Authorized User or the StateContractor; andS. Reject an obviously unbalanced Bid as determined by the Authorized User;
Appears in 1 contract
Samples: Agreement for Photovoltaic Systems and Installation Services
Authorized User Reserved Rights. The Authorized User shall have all the same reserved rights as the State, set forth in Section 2.3. In addition, to the above reserved rights, the Authorized User shall have the following additional reserved rights:
1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote Form;
2. To add requirements to the RFQ and resulting Authorized User Agreement that are more advantageous than the terms and conditions established within the Centralized Contract;
3. To disallow Subcontractors proposed to be used by the Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site.
4. To, in the event of an unanticipated or expedited need for services and the RFQ process provided for in the Contract will not allow the Authorized Users to meet such unanticipated or expedited need for services, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document the nature of the unanticipated or expedited need for services and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completed;
5. To request the Contractor’s insurance policy language for purposes of substantiating compliance with Attachment 2 - Insurance Requirements, or such other Insurance Requirements, as required by the Authorized User as part of an RFQ;
6. Conduct Contract negotiations with the next responsible Contractor responding to an RFQ, should the Authorized User be unsuccessful in negotiating with the selected Contractor, and
7. To, in the event of two or more tied quotes in response to an RFQ where Financial/Cost had a weight of 100%, ask each Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award.
8. If, in the first six months from the RFQ due date, a Contractor is unable to fulfill the terms of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services.
9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all of the following conditions are met:
a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ; and
b. Such terms and conditions do not contradict or violate any of the terms and conditions of the Contract, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and
c. Such terms place no additional liability or responsibility on the Authorized User or the State; and
Appears in 1 contract
Samples: Contract for Security Guard Services and Fire Safety Directors
Authorized User Reserved Rights. The An Authorized User shall have has the right, in its sole discretion, to:
A. Reject any or all Bids received in response to a Mini-Bid Project Definition;
B. Withdraw a Mini-Bid Project Definition at any time in its sole discretion;
C. Make an award under a Mini-Bid Project Definition in whole or in part;
D. Disqualify any Contractor whose conduct and/or fails to conform to the same reserved rights requirements of a Mini-Bid Project Definition;
E. Seek clarifications and revisions of the Bid;
F. Amend a Mini-Bid Project Definition prior to the Bid opening to correct errors or oversights, or to supply additional information as it becomes available;
G. Direct Contractors, prior to the Bid opening, to submit Bid modifications addressing subsequent Mini-Bid Project Definition amendments;
H. Change any of the schedule dates with notification to Contractors;
I. Eliminate any mandatory, non-material requirements that cannot be complied with by all Contractors;
J. Waive any requirements that are not material;
K. Utilize any and all ideas submitted in the Bids received;
L. Adopt all or any part of a Contractor's Bid in selecting the optimum configuration;
M. Negotiate with a Contractor within the Mini-Bid Project Definition requirements to serve the best interests of the State, set forth in Section 2.3. In addition, to the above reserved rights, the Authorized User shall have the following additional reserved rights:
1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote FormThis includes requesting clarifications of any or all Bids;
2. To add N. Require clarification at any time during the Mini-Bid process and/or require correction of arithmetic or other apparent errors for the purposes of assuring a full andcomplete understanding of a Contractor’s Bid and/or to determine a Contractor’s compliance with the requirements of the Mini- Bid Project Definition;
O. Select and award the Contract to the RFQ and resulting Authorized User Agreement that are more advantageous other than the terms and conditions established within the Centralized Contract;
3. To disallow Subcontractors proposed to be used by the selected Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site.
4. To, in the event of an unanticipated unsuccessful negotiations or expedited need for services and the RFQ process provided for in other specified circumstances as detailed in the Contract will not allow the Authorized Users to meet such unanticipated or expedited need for services, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document the nature of the unanticipated or expedited need for services and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completedMini-Bid Project Definition;
5. To request the Contractor’s insurance policy language P. Accept and consider for purposes of substantiating compliance award, Bids with Attachment 2 - Insurance Requirementsnon-material Bid Deviations or non- material Bid defects such as errors, technicalities, irregularities, or such other Insurance Requirements, as required by omissions;
Q. Use any information which the Authorized User as part of an RFQ;
6. Conduct Contract negotiations with the next responsible Contractor responding to an RFQ, should the Authorized User be unsuccessful in negotiating with the selected Contractor, and
7. Toobtains or receives from any source and determines relevant, in the event of two or more tied quotes in response to an RFQ where Financial/Cost had a weight of 100%, ask each Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award.
8. If, in the first six months from the RFQ due date, a Contractor is unable to fulfill the terms of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services.
9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all of the following conditions are met:
a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQ; andsole discretion, for the purposes of bid evaluation and Contractor selection;
b. Such terms and conditions do not contradict or violate any of R. Consider a proper alternative where an evidently incorrect reference/parameter/component/product/model/code number is stated by the terms and conditions of the ContractState, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and
c. Such terms place no additional liability or responsibility on the Authorized User or the StateContractor; andS. Reject an obviously unbalanced Bid as determined by the Authorized User;
Appears in 1 contract
Samples: Agreement for Photovoltaic Systems and Installation Services
Authorized User Reserved Rights. The
5.7.1 GENERAL RESERVED RIGHTS Authorized User shall have Users reserve the right, in their sole discretion, to:
A. Reject any or all Quotes received in response to an RFQ;
B. Withdraw an RFQ at any time at the same reserved rights as sole discretion of the State, set forth Authorized User;
C. Make an award under an RFQ in Section 2.3. In addition, whole or in part;
D. Disqualify any Contractor whose conduct and/or Quote fails to conform to the above reserved rights, requirements of the Authorized User shall have the following additional reserved rights:
1. To request and select Security Guards and/or Fire Safety/EAP Directors based upon previous experience, skill levels, and/or qualifications. These must be defined within the Attachment 4 – Request for Quote FormRFQ;
2. To add requirements E. Seek clarifications and revisions of a Quote;
F. Amend the RFQ prior to the RFQ and resulting Authorized User Agreement opening to correct errors or oversights, or to supply additional information as it becomes available;
G. Direct Contractors, prior to the Quote opening, to submit Quote modifications addressing subsequent RFQ amendments;
H. Change any of the RFQ schedule dates with notification to Contractors;
I. Eliminate any mandatory, non-material RFQ requirements that cannot be complied with by all of the prospective responders to the RFQ; J. Waive any requirements that are more advantageous not material;
K. Utilize any and all ideas submitted in the Quotes received;
L. Adopt all or any part of a Quote in selecting the optimum configuration;
M. Negotiate with a Contractor within the RFQ requirements to serve the best interests of the Authorized User. This includes requesting clarifications of any or all Quotes;
N. Require clarification at any time during the procurement process and/or require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Quote and/or to determine a Contractor’s compliance with the requirements of the RFQ;
O. Select and make an award to other than the terms and conditions established within the Centralized Contract;
3. To disallow Subcontractors proposed to be used by the selected Contractor on an Authorized User’s site and to approve any Subcontractors proposed to be used by the Contractor on an Authorized User’s site.
4. To, in the event of an unanticipated unsuccessful negotiations or expedited need for services and the RFQ process provided for in other specified circumstances as detailed in the Contract will not allow RFQ;
P. Accept and consider for award Quotes with non-material Quote Deviations or non-material Quote defects such as errors, technicalities, irregularities, or omissions;
Q. Use any information which the Authorized Users to meet such unanticipated User obtains or expedited need for servicesreceives from anysourceand determines relevant, to acquire such services without issuing an RFQ as required in Section 1.1, Scope and Overview, but by obtaining quotes and making an award in accordance with the individual Authorized User’s procurement guidelines. The Authorized User shall document sole discretion, for the nature purposes of the unanticipated or expedited need for services Quote evaluation and the process for obtaining quotes and making the award. The term of any award made without issuing an RFQ as required herein shall be limited to the minimum period of time necessary to meet the unanticipated or expedited need for services, until such time as the RFQ process can be completedContractor selection;
5. To request the Contractor’s insurance policy language for purposes of substantiating compliance with Attachment 2 - Insurance Requirements, or such other Insurance Requirements, as required R. Consider a proper alternative where an evidently incorrect reference/parameter/component/product/model/code number is stated by the Authorized User as part of an RFQor the Contractor;
6. S. Reject an obviously unbalanced Quote as determined by the Authorized User;
T. Conduct Contract negotiations with the next responsible Contractor responding to an RFQhighest scoring Contractor, should the Authorized User be unsuccessful in negotiating with the selected Contractor; U. Make no award for any Product, and
7. Toregion, or lot, as applicable, for reasons including, but not limited to, unbalanced, unrealistic or excessive Contractor pricing, a change in Authorized User requirements and/or Products, or an error in the event RFQ (e.g., use of two incorrect reference, pack size, description, etc.). In such case, evaluation and ranking of Quotes may be made on the remaining Products, regions, or more tied quotes lots;
V. Offer a Contractor the opportunity to provide supplemental information or clarify its Quote, including the opportunity to explain or justify the balance, realism, and/or reasonableness of its pricing;
W. Make RFQ Awards on a rolling or staggered start basis, either in response whole or in part.
X. The Authorized User reserves the right to use on-line processes, such as a reverse auction, to make acquisitions under the Telecommunications Connectivity Services Contracts. Contractor agrees that it will participate in these on-line processes established by Authorized Users;
Y. Authorized Users reserve the right to incorporate an electronic workflow system that may include elements of the RFQ or other process;
Z. Upon discovery of non-material completeness or conformance issues with an RFQ where Financial/Cost had a weight of 100%response, ask each Authorized Users reserve the right to contact the Contractor to submit a best and final quote by a specified date and time. The pricing submitted must be lower than attempt to cure the initial pricing. If Financial/Cost had a weight of less than 100%, the quote with the lowest pricing shall be basis for determining the award.
8. If, in the first six months from the RFQ due date, a Contractor is unable issue prior to fulfill the terms completion of the engagement, the Authorized User may go to the next highest scored Contractor(s) to offer them the engagement if they are willing to honor the prices quoted by the originally awarded contractor. If the Contractor(s) decline, a new RFQ must be issued to acquire services.
9. Additional terms and conditions may be allowed as part of Contractor’s response to an Authorized User’s RFQ and incorporated into the Authorized User Agreement provided that all evaluation of the following conditions are met:
a. The Contractor identifies such terms and conditions in Contractor’s response to the Authorized User’s RFQQuote; and
b. Such terms AA. Authorized Users reserve the right to request a copy of an IRS letter CP575B, a 147C letter, or equivalent to confirm that Contractor’s Legal Name and conditions do not contradict or violate any of the terms and conditions of the Contract, and/or are more advantageous to the Authorized User and the State than those set forth in the Contract; and
c. Such terms place no additional liability or responsibility on the Authorized User or the State; andFederal Employer Identification Number.
Appears in 1 contract
Samples: Telecommunications
