Common use of Procedure of Direct Awards Clause in Contracts

Procedure of Direct Awards. The following procedure with respect to direct awards shall apply: The Company invites a Service Provider to implement an Assignment by sending a request for Assignment (the “Request for Assignment”) describing the details of the planned Assignment. After receiving a Request for Assignment, the Contractor shall as soon as possible but not later than within 1 (one) business day, unless otherwise specified in the Request for Assignment, respond by stating availability of its respective Approved Expert(s) to implement the Assignment by sending to the Company (i) a proposal to implement the Assignment or (ii) its confirmation or rejection of its readiness to implement the Assignment based on the terms determined by the Company in the Request for Assignment. The proposal to implement the Assignment should not exceed the proposed price (hourly rate) under the Contractor’s Proposal. The Company accepts the Contractor’s proposal or confirmation on readiness to implement an Assignment by sending to the Contractor an e-mail with a draft Assignment Order that is based on the information laid down in the specific Request for Assignment and Contractor’s proposal to implement the Assignment. The Contractor must review received draft Assignment Order and respond within 1 (one) business day. Mutually approved Assignment Order is first signed by the Company and then by the Contractor. When the Contractor receives approved Assignment Order, it should be signed and sent to the Company as soon as possible but not later than within 3 (three) business days after receiving it. The Contractor shall not be entitled to introduce in the Assignment Order any terms, conditions or requirements contradictory to the Agreement or the Request for Assignment, or otherwise being not acceptable to the Company due to any reason. After the Assignment Order is signed by the Parties, the conditions set in the Assignment Order become binding upon the Parties and the Assignment shall be executed in accordance with its specific requirements as well as the general provisions set out in this Agreement. In case the Contractor rejects the Request for Assignment or fails to respond within the required time period, or the delivered proposal is not compliant with requirements defined by the Company or not in line with the Company’s budget, the Company is entitled to: reject the proposal, and/or send a Request for Assignment to the Other Contractor, and/or invite the Service Providers to a mini-competition, and/or discontinue the direct award procedure. The Company is entitled to discontinue the direct award procedure at any moment also due to any other considerations of the Company. The Contractor bears all its costs and expenses incurred in relation to the above procedure with respect to the direct awards. The Company reserves the right not to invite the Contractor to participate in the direct award procedure according to Clauses 4.4 or 4.6. Communication within direct awards procedure from the Company side shall be conducted via e-mail address mentioned in Clause 10.5.

Procedure of Direct Awards. The following procedure with respect to direct awards shall apply: The Company invites a Service Provider to implement an Assignment by sending a request for Assignment (the “Request for Assignment”) describing the details of the planned AssignmentAssignment and explaining why a direct award procedure is chosen. In case the Company deems it reasonable, the Company might send the Request for Assignment for several Service Providers. After receiving a Request for Assignment, the Contractor shall as soon as possible but not later than within 1 3 (onethree) business daydays, unless otherwise specified in the Request for Assignment, respond by stating its availability of its respective Approved Expert(s) to implement the Assignment by sending to the Company Company: (i) a proposal to implement the Assignment Assignment; or (ii) its confirmation or rejection of its readiness to implement the Assignment based on the terms determined by the Company in the Request for Assignment. The For Related Services and delivery costs the proposal to implement the Assignment should must not exceed the proposed price (hourly rate) prices under the Contractor’s Proposal, but it is allowed to offer reduced prices. The Company accepts the Contractor’s proposal or confirmation on readiness to implement an Assignment by sending to the Contractor an e-mail with a draft Assignment Order that is based on the information laid down in the specific Request for Assignment and Contractor’s proposal to implement the Assignment. The Contractor must review received draft Assignment Order and respond within 1 (one) business day. Mutually approved Assignment Order is first signed by the Company and then by the ContractorContractor unless otherwise specified by the Company. When the Contractor receives approved Assignment Order, it should be signed and sent to the Company as soon as possible but not later than within 3 (three) business days after receiving it. The Contractor shall not be entitled to introduce in the Assignment Order any terms, conditions or requirements contradictory to the Agreement or the Request for Assignment, or otherwise being not acceptable to the Company due to any reason. After the Assignment Order is signed by the Parties, the conditions set in the Assignment Order become binding upon the Parties and the Assignment shall be executed in accordance with its specific requirements as well as the general provisions set out in this Agreement. In case the Contractor rejects the Request for Assignment or fails to respond within the required time period, or the delivered proposal is not compliant with requirements defined by the Company or not in line with the Company’s budget, the Company is entitled to: reject the proposal, and/or send a Request for Assignment to the Other Contractor, and/or invite the Service Providers to a mini-competition (if the Company, at its own discretion, finds it reasonable, the Contractor may be excluded from such mini-competition), and/or discontinue the direct award procedure. The Company is entitled to discontinue the direct award procedure at any moment also due to any other considerations of the Company. The Contractor bears all its costs and expenses incurred in relation to the above procedure with respect to the direct awards. This principle is also applicable in cases when the Company has decided to discontinue the direct award in accordance with Clause 4.2.8. The Company reserves the right not to invite the Contractor to participate in the direct award procedure according to Clauses 4.4 or 4.6. Communication within direct awards procedure from the Company side shall be conducted via e-mail address mentioned in Clause 10.5.

Procedure of Direct Awards. The following procedure with respect to direct awards shall apply: The Company invites a Service Provider to implement an Assignment by sending a request for Assignment (the “Request for Assignment”) describing the details of the planned AssignmentAssignment and explaining why a direct award procedure is chosen. In case the Company deems it reasonable, the Company might send the Request for Assignment for several Service Providers. After receiving a Request for Assignment, the Contractor shall as soon as possible but not later than within 1 3 (onethree) business daydays, unless otherwise specified in the Request for Assignment, respond by stating its availability of its respective Approved Expert(s) to implement the Assignment by sending to the Company Company: (i) a proposal to implement the Assignment Assignment; or (ii) its confirmation or rejection of its readiness to implement the Assignment based on the terms determined by the Company in the Request for Assignment. The proposal to implement the Assignment should (proposed hourly rates) must not exceed the proposed price prices (hourly raterates) under the Contractor’s Proposal, but it is allowed to offer reduced prices (hourly rates). The Company accepts the Contractor’s proposal or confirmation on readiness to implement an Assignment by sending to the Contractor an e-mail with a draft Assignment Order that is based on the information laid down in the specific Request for Assignment and Contractor’s proposal to implement the Assignment. The Contractor must review received draft Assignment Order and respond within 1 (one) business day. Mutually approved Assignment Order is first signed by the Company and then by the ContractorContractor unless otherwise specified by the Company. When the Contractor receives approved Assignment Order, it should be signed and sent to the Company as soon as possible but not later than within 3 (three) business days after receiving it. .. The Contractor shall not be entitled to introduce in the Assignment Order any terms, conditions or requirements contradictory to the Agreement or the Request for Assignment, or otherwise being not acceptable to the Company due to any reason. After the Assignment Order is signed by the Parties, the conditions set in the Assignment Order become binding upon the Parties and the Assignment shall be executed in accordance with its specific requirements as well as the general provisions set out in this Agreement. In case the Contractor rejects the Request for Assignment or fails to respond within the required time period, or the delivered proposal is not compliant with requirements defined by the Company or not in line with the Company’s budget, the Company is entitled to: reject the proposal, and/or send a Request for Assignment to the Other Contractor, and/or invite the Service Providers to a mini-competition (if the Company, at its own discretion, finds it reasonable, the Contractor may be excluded from such mini-competition), and/or discontinue the direct award procedure. The Company is entitled to discontinue the direct award procedure at any moment also due to any other considerations of the Company. The Contractor bears all its costs and expenses incurred in relation to the above procedure with respect to the direct awards. This principle is also applicable in cases when the Company has decided to discontinue the direct award in accordance with Clause 4.2.8. The Company reserves the right not to invite the Contractor to participate in the direct award procedure according to Clauses 4.4 or 4.6. Communication within direct awards procedure from the Company side shall be conducted via e-mail address mentioned in Clause 10.5.