CLARITY AND CONCISION OF SOLICITATION MATERIALS Sample Clauses

CLARITY AND CONCISION OF SOLICITATION MATERIALS. While not a particularly concise set of materials, the contents of PG&E’s 2009 RPS RFO solicitation protocol generally provided clear direction to Participants on how to prepare and submit complete proposal packages that could be evaluated. Xxxxxx has a few observations about the clarity of the guidance provided in the protocol and issues created when Participants failed to understand or follow that guidance: • The great majority of proposals were submitted as complete and conforming packages. The most common deficiencies in other proposals were (1) failures to submit the offer form (Attachment D) for all variants or project phases; (2) errors in filling in the offer form such as missing data; (3) failures to provide the electronic version of the package; (4) discrepancies between proposal text and offer form; and
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CLARITY AND CONCISION OF SOLICITATION MATERIALS. PG&E’s 2012 RPS solicitation protocol is modestly sized for a document of its type (it totals 33 pages excluding attachments, vs. SDG&E’s 30 pages), and is more concise than protocols PG&E used in prior years. This is part because some of the bulky text specifying detailed requirements for Offers’ contents has been shifted into Attachment J from the main body of the protocol. Xxxxxx regards this as an improvement over prior years. Xxxxxx believes that the contents of PG&E’s 2012 RPS RFO solicitation protocol generally provided clear and comprehensible direction to Participants on how to prepare and submit complete Offer packages that could be accepted and evaluated. Here are a few observations about the clarity of the guidance provided in the protocol: • Nearly all Offers were submitted as complete and conforming packages. The most common deficiency that needed to be remedied was a failure to include interconnection studies. This requirement was stated in two points within the solicitation protocol, so the fact that about a dozen Offers were submitted that failed to include the studies suggests that some Participants were inattentive. Perhaps greater emphasis needs to be placed on this specific requirement in future pre-offer conference presentations. Xxxxxx does not see how PG&E could have edited the solicitation protocol to make it plainer to see that this was a requirement. The proportion of Offers that needed to be corrected for deficiencies in the offer packages was fairly modest and lower than in some prior years’ renewable RFOs. This suggests that PG&E’s solicitation materials were clear enough for the majority of Participants to understand and follow. • The 2012 solicitation protocol stated some preferences of the utility: 1. Offers that begin delivery in 2019 or 2020 (when the utility currently forecasts an RPS compliance need, in contrast to earlier years); 2. Projects considered bundled, in-state resources or out-of-state resources scheduled into a California balancing authority without substituting electricity from another source, or using a dynamic transfer agreement (“Category 1”), over projects whose output will be considered renewable energy credits (RECs) for RPS compliance purposes (“Category 3”) and over out-of-state resources whose output is shaped and firmed using substitute electricity and scheduled into a CAISO interface point (“Category 2”); 3. Among Category 2 Offers, a delivery pattern that is flat in all hours except with no off-...
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CLARITY AND CONCISION OF SOLICITATION MATERIALS. While not really concise (it totals 53 pages excluding attachments, vs. Xxxxxx’s 46 pages and SDG&E’s 24 pages), Xxxxxx believes that the contents of PG&E’s 2011 RPS RFO solicitation protocol generally provided clear and comprehensible direction to Participants on how to prepare and submit complete Offer packages that could be accepted and evaluated. Xxxxxx has a few observations about the clarity of the guidance provided in the protocol and issues created when Participants failed to understand or follow that guidance: • Most Offers were submitted as complete and conforming packages. Common deficiencies in other Offers included: 1. Failure to submit the offer form (Attachment D) for all Offer variants or phases; 2. Errors in filling in the offer form, such as missing data, incomplete project description, or incomplete self-scored Project Viability Calculator; 3. Use of a earlier draft version of Attachment D from the original posting of the RFO documents, rather than the one finalized on June 2, 2011 and posted on PG&E’s public web site then; 4. Failure to provide the text and data of the Offer in the requested Microsoft Word 2003 and Excel 2003 formats (as opposed to later versions or to Acrobat .pdf files);
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CLARITY AND CONCISION OF SOLICITATION MATERIALS. For this informal e-solicitation PG&E did not draft or disseminate written protocols, either public or non-public, to document the requirements of the request for bids or to state the evaluation criteria that the utility would use to make its selection decision. This contrasts to PG&E’s procedures with formal competitive procurement efforts. The e-mail sent to the potential bidders identified by the team was terse, consisting of less than one page of text for the cover sheet, a small spreadsheet, and a twelve-page form agreement. Xxxxxx’x opinion is that solicitation materials were clear to potential bidders. Each participant provided sufficient information in its bid package for PG&E to conduct its evaluation. The simplicity of the bid instructions and of the bidding form compared strikingly to the density of PG&E’s usual RPS RFO documents. However, this is partly because the materials revealed very little to bidders about how the e-solicitation would work. The materials were clear and concise rather than comprehensive in their disclosure.
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CLARITY AND CONCISION OF SOLICITATION MATERIALS. While not really concise (it totals 53 pages excluding attachments, vs. Edison’s 46 pages and SDG&E’s 24 pages), Xxxxxx believes that the contents of PG&E’s 2011 RPS RFO solicitation protocol generally provided clear and comprehensible direction to Participants on how to prepare and submit complete Offer packages that could be accepted and evaluated. Xxxxxx has a few observations about the clarity of the guidance provided in the protocol and issues created when Participants failed to understand or follow that guidance: • Most Offers were submitted as complete and conforming packages. Common deficiencies in other Offers included: 1. Failure to submit the offer form (Attachment D) for all Offer variants or phases; 2. Errors in filling in the offer form, such as missing data, incomplete project description, or incomplete self-scored Project Viability Calculator;
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Related to CLARITY AND CONCISION OF SOLICITATION MATERIALS

  • Solicitation Materials Neither the Company nor any Person acting on the Company's behalf has solicited any offer to buy or sell the Securities by means of any form of general solicitation or advertising.

  • Confidential Information and Non-Solicitation (a) The Executive shall hold in a fiduciary capacity for the benefit of the Company all secret or confidential information, knowledge or data relating to the Company and its subsidiaries and affiliates, which shall have been obtained by the Executive in connection with the Executive’s employment by the Company and which shall not be or become public knowledge (other than by acts by the Executive or representatives of the Executive in violation of this Agreement). After termination of the Executive’s employment with the Company, the Executive shall not, without the prior written consent of the Company or as may otherwise be required by law or legal process, communicate or divulge any such information, knowledge or data, to anyone other than the Company and those designated by it; provided, however, that if the Executive receives actual notice that the Executive is or may be required by law or legal process to communicate or divulge any such information, knowledge or data, the Executive shall promptly so notify the Company. (b) While employed by the Company and, for a period of one (1) year after the Date of Termination, the Executive shall not directly or indirectly solicit, induce, or encourage any employee or consultant of any member of the Company and its subsidiaries and affiliates to terminate their employment or other relationship with the Company and its subsidiaries and affiliates or to cease to render services to any member of the Company and its subsidiaries and affiliates and the Executive shall not initiate discussion with any such person for any such purpose or authorize or knowingly cooperate with the taking of any such actions by any other individual or entity. During his employment with the Company and thereafter, the Executive shall not use any trade secret of the Company or its subsidiaries or affiliates to solicit, induce, or encourage any customer, client, vendor, or other party doing business with any member of the Company and its subsidiaries and affiliates to terminate its relationship therewith or transfer its business from any member of the Company and its subsidiaries and affiliates and the Executive shall not initiate discussion with any such person for any such purpose or authorize or knowingly cooperate with the taking of any such actions by any other individual or entity. (c) In recognition of the facts that irreparable injury will result to the Company in the event of a breach by the Executive of his obligations under Sections 7(a) and (b) hereof, that monetary damages for such breach would not be readily calculable, and that the Company would not have an adequate remedy at law therefor, the Executive acknowledges, consents and agrees that in the event of such breach, or the threat thereof, the Company shall be entitled, in addition to any other legal remedies and damages available, to specific performance thereof and to temporary and permanent injunctive relief (without the necessity of posting a bond) to restrain the violation or threatened violation of such obligations by the Executive.

  • Incorporation of Solicitation The TIPS Solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, the Vendor’s response to same and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into this agreement as if copied verbatim. THE SECTON HEADERS OR TITLES WITHIN THIS DOCUMENT ARE MERELY GUIDES FOR CONVENIENCE AND ARE NOT FOR CLASSIFICATION OR LIMITING OF THE RESPONSIBILITES OF THE PARTIES TO THIS DOCUMENT. You certify that your company (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Texas governmental entities are prohibited from doing business with companies that fail to certify to this condition as required by Texas Government Code Sec. 2270. You certify that your company is not listed on and we do not do business with companies that are on the Texas Comptroller of Public Accounts list of Designated Foreign Terrorists Organizations per Texas Gov't Code 2270.0153 found at xxxxx://xxxxxxxxxxx.xxxxx.xxx/purchasing/docs/foreign-terrorist.pdf You certify that pursuant to Texas Business and Commerce Code Chapter 272, as revised September 1, 2017, any construction contract or agreement as defined in the Statute with a TIPS, Education Service Center Region 8 or a Texas TIPS Member subject to the Statute shall include a Choice of Law provision providing that this agreement shall be subject to and interpreted by the Laws of the State of Texas without regard to any conflict of laws principles for any action shall be in a court of competent jurisdiction in Texas and any arbitration shall be in the State of Texas. Pursuant to the Texas Business and Commerce Code, as amended by the 85th Texas Legislature, this Construction Agreement for Job Order Contract services is, in the event of a dispute between the parties, subject to interpretation according to the Laws of the state of Texas only, without regard to any conflict of laws principles. Venue for any alternative dispute resolution procedure or process shall be in the state of Texas. If the dispute is litigated, venue and jurisdiction shall be in a court of competent jurisdiction in the state of Texas. Pursuant to 85th Texas Legislative H.B. 3270, as it applies to Texas Education Code § 22.0834 et seq, the Vendor shall comply with all relevant sections related to student contact, background checks, fingerprinting and other related requirements. It is the intent of TIPS to award to reliable, high performance vendors to supply products and services to government and educational agencies. It is the experience of TIPS that the following procedures provide TIPS, the Vendor, and the participating agency the necessary support to facilitate a mutually beneficial relationship. The specific procedures will be negotiated with the successful vendor.

  • Non-Solicitation of Customers The Executive agrees that, during the Restricted Period, he will not, directly or indirectly, solicit or attempt to solicit (i) any party who is a customer or client of the Company or its subsidiaries, who was a customer or client of the Company or its subsidiaries at any time during the twelve (12) month period immediately prior to the date the Executive's employment terminates or who is a prospective customer or client that has been identified and targeted by the Company or its subsidiaries for the purpose of marketing, selling or providing to any such party any services or products offered by or available from the Company or its subsidiaries, or (ii) any supplier or vendor to the Company or any subsidiary to terminate, reduce or alter negatively its relationship with the Company or any subsidiary or in any manner interfere with any agreement or contract between the Company or any subsidiary and such supplier or vendor.

  • No Solicitation of Customers During the Executive’s employment with the Employer and for a period of 12 months thereafter, the Executive shall not (except on behalf of or with the prior written consent of the Employer), either directly or indirectly, on the Executive’s own behalf or in the service or on behalf of others, (A) solicit, divert, or appropriate to or for a Competing Business, or (B) attempt to solicit, divert, or appropriate to or for a Competing Business, any person or entity that is or was a customer of the Employer or any of its Affiliates at any time during the 12 months prior to the date of termination and with whom the Executive has had material contact.

  • Confidentiality and Non-Solicitation (a) Optionee hereby acknowledges that Optionee has or in the future may have access to the Company's trade secrets and proprietary or confidential information developed or acquired by or licensed to the Company, including, but not limited to, information regarding the Company's operations, business plans, customers or prospects, products, computer passwords or other information regarding network or systems access and research and development information, as such trade secrets and proprietary or confidential information may exist from time to time ("Confidential Information"). As consideration for the Option granted to Optionee hereunder, Optionee will not, at any time during Optionee's relationship with the Company, in whole or in part, disclose or cause any other person to disclose the Confidential Information to any other person or entity (except the Company) under any circumstances. In addition, Optionee will not, during the term of Optionee's relationship with the Company, and for a period of one (1) year thereafter, solicit or assist any other person or entity in soliciting any employee of the Company to terminate the employee's employment with the Company under any circumstances. (b) Optionee acknowledges that if there is a breach of any provision of this paragraph 9 by Optionee, the Company will suffer irreparable harm in that monetary damages would be inadequate to compensate the Company for such a breach. In the event of a breach or threatened breach of any such provisions by Optionee, in addition to such monetary and other relief as may be available, Optionee agrees that the Company will be entitled to injunctive relief as may be necessary to restrain any breach or further breach of such provisions by Optionee, without showing or providing any actual damages or loss sustained by the Company or notice to Optionee.

  • News/Information Release The Contractor agrees that it will not issue any news releases in connection with either the award of this Contract or any subsequent amendment of or effort under this Contract without first obtaining review and written approval of said news releases from the County through the County’s Project Manager.

  • Distribution of Written Materials Any written materials distributed by the Trustee to the Beneficiaries pursuant to this Agreement shall be sent by mail (or otherwise communicated in the same manner as Holdings utilizes in communications to holders of Holdings Shares subject to applicable regulatory requirements and provided such manner of communications is reasonably available to the Trustee) to each Beneficiary at its address as shown on the books of the Partnership. The Partnership shall provide or cause to be provided to the Trustee for purposes of communication, on a timely basis and without charge or other expense: (a) a current List; and (b) upon the request of the Trustee, mailing labels to enable the Trustee to carry out its duties under this Agreement.

  • Customer Non-Solicitation During the period commencing on the Effective Date and ending 24 months after the Termination Date, regardless of the reason for Executive’s termination of employment, the Executive shall not (except on the Company’s behalf during the Executive’s employment with the Company), for purposes of providing products or services that are competitive with those provided by any member of the Company Group, on the Executive’s own behalf or on behalf of any other Person, solicit any customer or client of any member of the Company Group with whom the Executive had contact, solicited, or served within the twelve (12) months prior to the Termination Date.

  • Disposition of Confidential Information Upon termination of Agreement or request of City, Contractor shall within forty-eight (48) hours return all Confidential Information which includes all original media. Once Contractor has received written confirmation from City that Confidential Information has been successfully transferred to City, Contractor shall within ten (10) business days purge all Confidential Information from its servers, any hosted environment Contractor has used in performance of this Agreement, work stations that were used to process the data or for production of the data, and any other work files stored by Contractor in whatever medium. Contractor shall provide City with written certification that such purge occurred within five (5) business days of the purge.

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