Common use of Seller Performance Monitoring Clause in Contracts

Seller Performance Monitoring. Sellers should note that in the event a Seller is awarded a contract by the Authority, the Seller’s performance, including but not limited to product quality, after sales services and maintenance services, where applicable, in the contract shall be monitored and taken into account in evaluating the Seller’s offers in response to invitations for quotes by the Authority. If, based on the Seller’s performance record, the Authority has a reasonable concern about the Seller’s legal and financial capabilities and the commercial and technical abilities to undertake the relevant procurement, the Authority may in its absolute discretion (i) take into consideration the Seller’s performance record, both for the equipment type(s) specified in the warning letter and for other equipment types/services provided by the Seller in the quotation evaluation and/or (ii) exclude that Seller, its holding company and subsidiaries from participation in tendering, for such period as the Authority may in its entire discretion consider appropriate. The Authority shall have the right to publicize or disclose, whenever it considers appropriate or upon request (verbal or written) by any third party, information of the Seller who has been excluded from participation in tendering by the Authority, such as the name of the Seller and duration, without reference to or consent from the Seller. Quotes from the Seller who has been excluded from participation in tendering by the Authority shall be rejected.

Seller Performance Monitoring. Sellers should note that in the event a Seller is awarded a contract by the AuthorityContract, the Seller’s performance, including but not limited to product quality, after sales services and maintenance services, where applicable, in the contract Contract shall be monitored and taken into account in evaluating the Seller’s offers in response to invitations for quotes by the Authority. If, based on the Seller’s performance record, the Authority has a reasonable concern about the Seller’s legal and financial capabilities and the commercial and technical abilities to undertake the relevant procurement, the Authority may in its absolute discretion (i) take into consideration the Seller’s performance record, both for the equipment type(s) specified in the warning letter and for other equipment types/services provided by the Seller Sellers in the quotation evaluation and/or (ii) exclude that Seller, its holding company and subsidiaries from participation in tendering, for such period as the Authority may in its entire discretion consider appropriate. The Authority shall have the right to publicize or disclose, whenever it considers appropriate or upon request (verbal or written) by any third party, information of the Contractor/Seller who has been excluded from participation in tendering by the Authority, such as the name of the Seller Contractor and duration, without reference to or consent from the Contractor/Seller. Quotes from the Seller who has been excluded from participation in tendering by the Authority shall be rejected.

Seller Performance Monitoring. Sellers should note that in the event a Seller Supplier is awarded a contract the Agreement by the Authority, the Seller’s performance, including but not limited to product quality, after sales services and maintenance services, where applicable, in the contract Agreement shall be monitored and taken into account in evaluating the Seller’s offers in response to invitations for quotes by the Authority. If, based on the Seller’s performance record, the Authority has a reasonable concern about the Seller’s legal and financial capabilities and the commercial and technical abilities to undertake the relevant procurement, the Authority may in its absolute discretion (i) take into consideration the Seller’s performance record, both for the equipment type(s) specified in the warning letter and for other equipment types/services provided by the Seller in the quotation evaluation and/or (ii) exclude that Seller, its holding company and subsidiaries from participation in tendering, for such period as the Authority may in its entire discretion consider appropriate. The Authority shall have the right to publicize or disclose, whenever it considers appropriate or upon request (verbal or written) by any third party, information of the Seller who has been excluded from participation in tendering by the Authority, such as the name of the Seller and duration, without reference to or consent from the Seller. Quotes from the Seller Sellers who has been excluded from participation in tendering by the Authority shall be rejected.