Financial Capacity Information Sample Clauses

The Financial Capacity Information clause requires one party to provide evidence or documentation demonstrating its financial ability to fulfill its obligations under the agreement. This may involve submitting recent financial statements, credit reports, or other relevant financial records to the other party for review. The core purpose of this clause is to assure the receiving party that the disclosing party is financially stable and capable of meeting its contractual commitments, thereby reducing the risk of default or non-performance.

Financial Capacity Information. Proposers shall clearly identify any differences between the financial capacity information submitted in the Proposal and the information submitted in the QS. The Financial Proposal shall include the following information for Proposer, all Equity Members and any required guarantors:  Audited financial statements (fiscal year end and quarterly) for all periods subsequent to those included in the QS.  In addition, interim unaudited financial statements for the period since the most recent completed fiscal year or quarter for Proposer, Equity Members and any required guarantors are to be provided. The financial statements, whether for the most recent completed fiscal year or for the period since the most recent completed fiscal year, must meet the following requirements: 1) Financial statement information must include: i. Opinion Letter (Auditor’s Report) ii. Balance Sheet iii. Income Statement iv. Statement of Changes in Cash Flow v. Footnotes. 2) Financial statements must meet the following requirements: a. GAAP – Financial statements must be prepared in accordance with U.S. Generally Accepted Accounting Principles (“U.S. GAAP”). If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP.

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Financial Capacity Information. Proposers shall clearly identify any differences between the financial capacity information submitted in the Proposal and the information submitted in the QS. The Financial Proposal shall include the following information for Proposer, all Equity Members and any required guarantors: (a) Newly Formed Entity - If Proposer is a newly formed entity and does not have independent financial statements, financial statements for the Equity Members and any required guarantors shall be provided (and Proposer shall expressly state that Proposer is a newly formed entity and does not have independent financial statements). (b) Information About Proposer, Major Participants and Other Subcontractors - Copies of the completed Form B-1, Form B-2 and Form B- 3, in each case in accordance with the requirements of Exhibit B, Section 3.2.2. (c) Prequalification Letter - If the Proposer submitted with its QS a letter indicating that the Equity Member of the Proposer responsible for construction and maintenance or Guarantors have been prequalified by TxDOT pursuant to Section 9.12 of Title 43, Texas Administrative Code, a letter confirming that such prequalification is current as of the date of the Proposal.

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Financial Capacity Information. Proposers shall clearly identify any differences between the financial capacity information submitted in the Proposal and the information submitted in the QS. The Financial Proposal shall include the following information for Proposer, all Equity Members and any required guarantors: • Audited financial statements (fiscal year end and quarterly) for all periods subsequent to those included in the QS. • In addition, interim unaudited financial statements for the period since the most recent completed fiscal year or quarter for Proposer, Equity Members and any required guarantors are to be provided. Texas Department of Transportation Exhibit C-1 RFP Addendum 32 The financial statements, whether for the most recent completed fiscal year or for the period since the most recent completed fiscal year, must meet the following requirements: 1) Financial statement information must include: i. Opinion Letter (Auditor’s Report) ii. Balance Sheet iii. Income Statement iv. Statement of Changes in Cash Flow v. Footnotes. 2) Financial statements must meet the following requirements: a. GAAP – Financial statements must be prepared in accordance with U.S. Generally Accepted Accounting Principles (“U.S. GAAP”). If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP.

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Financial Capacity Information. Proposers shall clearly identify any differences between the financial capacity information submitted in the Proposal and the information submitted in the QS. The Financial Proposal shall include the following information for Proposer, all Equity Members and any required guarantors: • Audited financial statements (fiscal year end and quarterly) for all periods subsequent to those included in the QS. • In addition, interim unaudited financial statements for the period since the most recent completed fiscal year or quarter for Proposer, Equity Members and any required guarantors are to be provided. Texas Department of Transportation Exhibit C-1 RFP Addendum 45 SH 99 Grand Parkway Project Page 1 of 5 Volume I – Instructions to Proposers The financial statements, whether for the most recent completed fiscal year or for the period since the most recent completed fiscal year, must meet the following requirements: 1) Financial statement information must include: i. Opinion Letter (Auditor’s Report) ii. Balance Sheet iii. Income Statement iv. Statement of Changes in Cash Flow v. Footnotes. 2) Financial statements must meet the following requirements: a. GAAP – Financial statements must be prepared in accordance with U.S. Generally Accepted Accounting Principles (“U.S. GAAP”). If financial statements are prepared in accordance with principles other than U.S. GAAP, a letter from the certified public accountant of the applicable entity, discussing the areas of the financial statements that would be affected by a conversion to U.S. GAAP.

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Financial Capacity Information. Proposers shall clearly identify any differences between the financial capacity information submitted in the Proposal and the information submitted in the QS. The Financial Proposal shall include the following information for Proposer, all Equity Members and any required guarantors: (a) Newly Formed Entity - If Proposer is a newly formed entity and does not have independent financial statements, financial statements for the Equity Members and any required guarantors shall be provided (and Proposer shall expressly state that Proposer is a newly formed entity and does not have independent financial statements). (b) Guarantor Letter of Support – One or more guaranties regarding Maintenance Contractor’s obligations under the CMA and one or more guaranties regarding DB Contractor’s obligations under the DBA may be required by ITP Exhibit B, Section 3.2.13. The letter from the guarantor must confirm unequivocally that it will guarantee all the obligations of DB Contractor and/or Maintenance Contractor with respect to the DBA or CMA or both, as appropriate. Proposers are advised that TxDOT may, in its discretion based upon the review of the information provided, specify that an acceptable guarantor is required as a condition to eligibility for award. (c) Material Changes in Financial Condition - A letter from the chief financial officer or treasurer, providing information on any material changes in financial condition since submission of the QS and those that are pending. Additionally, Proposers shall be required to provide updated information following the Proposal Due Date as long as the dissemination of such information is permitted by law.