Common use of Selection of Service Provider Clause in Contracts

Selection of Service Provider. To receive the Services, the Company will select the Service Provider and conclude an Assignment Order. Each Assignment will be allocated either (i) through a direct award or (ii) by conducting a mini competition. The Company shall have full discretion in (i) selecting either the direct award or mini competition approach; and (ii) deciding which of the Service Providers to approach with a direct award, taking into consideration the specifics of the respective Assignment, i.e., link to prior and similar Assignments and possibility to separate new Assignment from prior and similar Assignments, nature and complexity of the Assignment, the planned fees for the provision of the particular Assignment, necessity for expert's special knowledge, experience and education etc., or other interests of the Company that would allow to justify the application of direct award procedure. If in the respective Lot the Agreement has been concluded only with one Service Provider, Assignment will be allocated through a direct award. 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 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 3 (three) business days, unless otherwise specified in the Request for Assignment, respond by stating its availability 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. For Related Services and delivery costs the proposal to implement the Assignment must not exceed the proposed 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 Contractor 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.

Selection of Service Provider. To receive the Services, the Company will select the Service Provider and conclude an Assignment Order. Each Assignment will be allocated either (i) through a direct award or (ii) by conducting a mini competition. The Company shall have full discretion in (i) selecting either the direct award or mini competition approach; and (ii) deciding which of the Service Providers to approach with a direct award, taking into consideration the specifics of the respective Assignment, i.e., link to prior and similar Assignments and possibility to separate new Assignment from prior and similar Assignments, nature and complexity of the Assignment, the planned fees for the provision of the particular Assignment, necessity for expert's special knowledge, experience and education etc., or other interests of the Company that would allow to justify the application of direct award procedure. If in the respective Lot the Agreement has been concluded only with one Service Provider, Assignment will be allocated through a direct award. award 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 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 3 (three) business days, unless otherwise specified in the Request for Assignment, respond by stating its availability 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. For Related Services and delivery costs the proposal to implement the Assignment must not exceed the proposed 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 Contractor 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.