Common use of Incorporation by Reference and Precedence Clause in Contracts

Incorporation by Reference and Precedence. If this Agreement has been procured pursuant to a request for proposals, this Agreement is derived from (1) the request for proposal, (including any written clarifications to the request for proposals and any agency response to questions); (2) the Contractor’s best and final offer; and (3) the Contractor’s response to the request for proposals. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1) amendments to the Agreement in reverse chronological order; (2) the Agreement, including the scope of work and all terms and conditions thereof; (3) the request for proposals, including attachments thereto and written responses to questions and written clarifications; (4) the Contractor’s best and final offer if such has been made and accepted by the SPA or Procuring Agency or entity; and (5) the Contractor’s response to the request for proposals.

Appears in 7 contracts

Samples: Request for Proposals, Vendor Agreement, Contract Agreement

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Incorporation by Reference and Precedence. If this Agreement has been procured pursuant to a request for proposals, this Agreement is derived from from (1) the request for proposal, (including any written clarifications to the request for proposals and any agency response to questions); (2) the Contractor’s best and final offer; and (3) the Contractor’s response to the request for proposals. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1) amendments to the Agreement in reverse chronological order; (2) the Agreement, including the scope of work and all terms and conditions thereof; (3) the request for proposals, including attachments thereto and written responses to questions and written clarifications; (4) the Contractor’s best and final offer if such has been made and accepted by the SPA State Purchasing Agent (“ SPA”) or Procuring Agency or entity; and (5) the Contractor’s response to the request for proposals.

Appears in 1 contract

Samples: Statewide Price Agreement

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Incorporation by Reference and Precedence. If this Agreement has been procured pursuant to a request for proposals, this Agreement is derived from from (1) the request for proposal, (including any written clarifications to the request for proposals and any agency response to questions); (2) the Contractor’s 's best and final offer; and (3) the Contractor’s 's response to the request for proposals. In the event of a dispute under this Agreement, applicable documents will be referred to for the purpose of clarification or for additional detail in the following order of precedence: (1) amendments to the Agreement in reverse chronological order; (2) the Agreement, including the scope of work and all terms and conditions thereof; (3) the request for proposals, including attachments thereto and written responses to questions and written clarifications; (4) the Contractor’s 's best and final offer if such has been made and accepted by the SPA or Procuring Agency or entity; and (5) the Contractor’s 's response to the request for proposals.

Appears in 1 contract

Samples: Statewide Price Agreement

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