The Supplier's Obligations. The Supplier will in writing, by the time and date specified by the Contracting Body in accordance with paragraph 3.1.3(b) provide the Contracting Body with either:
3.2.1 a statement to the effect that it does not wish to tender in relation to the relevant Service Requirements; or
3.2.2 the Statement of Work and full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits a Statement of Work, it should include, as a minimum:
a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier;
b) a brief summary, in the email (followed by a confirmation letter), stating whether or not the Supplier is bidding for the Statement of Requirements;
c) a proposal covering the Services Requirements; and
d) confirmation of discounts applicable to the work, as referenced in Framework Agreement Schedule 3 (Charging Structure).
3.2.3 The Supplier shall ensure that any prices submitted in relation to a further competition held pursuant to this paragraph 3 shall be based on the Charging Structure and take into account any discount to which the Contracting Body may be entitled as set out in Framework Agreement Schedule 3 (Charging Structure).
3.2.4 The Supplier agrees that:
a) all tenders submitted by the Supplier in relation to a further competition held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure); and
b) all tenders submitted by the Supplier are made and will be made in good faith and that the Supplier has not and will not fix(ed) or adjust(ed) the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Supplier certifies that it has not and undertakes that it will not:
(a) communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and
(b) enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.
The Supplier's Obligations. The Supplier shall in writing, by the time and date specified by the Contracting Body following an invitation to tender pursuant to paragraph 2.1.3 above provide the Contracting Body with either:
The Supplier's Obligations. On receipt of a completed General Further Competition Order Form, the Supplier will in writing, by the time and date specified by the Contracting Body in accordance with paragraph 4.1.5, provide the Contracting Body with either: a statement to the effect that it does not wish to tender in relation to the relevant Services along with the reasons why; or the full details of its tender made in respect of the General Further Competition Order Form. The Supplier shall ensure and evidence to the Contracting Body that in its completed General Further Competition Order Form are compliant with Framework Schedule 8 (Charging Structure) and do not exceed the maximum price set out in the Maxima Pricing Table. The Supplier agrees that: all tenders submitted by the Supplier in relation to a General Further Competition Procedure held pursuant to this paragraph 3 shall remain open for acceptance by the Contracting Body for ninety (90) Working Days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the General Further Competition Ordering Procedure; and all tenders submitted by the Supplier are made and will be made in good faith and that the Supplier has not fixed or adjusted and will not fix or adjust the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Supplier certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.
The Supplier's Obligations. The Supplier shall provide the Services meeting the Specification, in accordance with the terms of the Framework Agreement. The Supplier shall employ sufficient staff to provide the Services who shall be properly trained, skilled and qualified. Failure by the Supplier to meet its obligations under this Clause shall be considered a material breach of the Framework Agreement. The Supplier shall, and shall ensure that its sub-contractors shall, ensure that the rates of pay and conditions of employment of each employee, including in relation to sick pay and pension contributions of each employee, comply with all applicable law and that those rates of pay are no less favourable than those laid down by the National Minimum Wage Act.
The Supplier's Obligations. The Supplier shall in writing, by the time and date specified by the Fund following an invitation to tender pursuant to paragraph 62.1.3 above provide the Fund with either: a statement to the effect that it does not wish to tender in relation to the relevant Goods and/or Services Requirements; or the full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits such a tender, it should include, as a minimum: an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier; a brief summary, in the email (followed by a confirmation letter), stating that the Supplier is bidding for the Statement of Requirements; a proposal covering the Goods and/or Services Requirements. required staff levels; and confirmation of discounts applicable to the Goods and/or Services, as referenced in Framework Schedule 3 (Framework Prices and Charging Structure). The Supplier shall ensure that any prices submitted in relation to a Further Competition Procedure held pursuant to this paragraph 62 shall be based on the Charging Structure and take into account any discount to which the Fund may be entitled as set out in Framework Schedule 3 (Framework Prices and Charging Structure). The Supplier agrees that: all tenders submitted by the Supplier in relation to a Further Competition Procedure held pursuant to this paragraph 62 shall remain open for acceptance by the Fund for ninety (90) Working Days; and all tenders submitted by the Supplier are made and will be made in good faith and that the Supplier has not fixed or adjusted and will not fix or adjust the price of the tender by or in accordance with any agreement or arrangement with any other person. The Supplier certifies that it has not and undertakes that it will not: communicate to any person other than the person inviting these tenders the amount or approximate amount of the tender, except where the disclosure, in confidence, of the approximate amount of the tender was necessary to obtain quotations required for the preparation of the tender; and enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from submitting a tender or as to the amount of any tenders to be submitted. Notwithstanding the fact that the Fund has followed a procedure as set out above in paragraph 61 or 62 (as applicable), the Fund shall be entitled at all times to decline to make an ...
The Supplier's Obligations. The Supplier will in writing, by the time and date specified by the Contracting Body in accordance with paragraph 7.4.3(b) provide the Contracting Body with either:
7.5.1 a statement to the effect that it does not wish to tender in relation to the relevant Goods and Services Requirements; or
7.5.2 the Statement of Work and full details of its tender made in respect of the relevant Statement of Requirements. In the event that the Supplier submits a Statement of Work, it should include, as a minimum:
(a) an email response subject line to comprise unique reference number and Supplier name, so as to clearly identify the Supplier;
(b) a brief summary, in the email, stating whether or not the Supplier is bidding for the Statement of Requirements;
(c) proposal covering the Goods and Services Requirements.
7.5.3 The Supplier agrees that:
(a) tenders submitted by the Supplier in relation to a competition held pursuant to this paragraph 7 shall remain open for acceptance by the Contracting Authority for ninety (90) days (or such other period specified in the invitation to tender issued by the relevant Contracting Body in accordance with the Ordering Procedure); and
(b) all tenders submitted by the Supplier are made in good faith and that the Supplier has not fixed or adjusted the amount of the offer by or in accordance with any agreement or arrangement with any other person. The Supplier certifies that it has not and undertakes that it will not:
(i) disclose to any person other than the person inviting these offers the amount or approximate amount of the offer, except where the disclosure, in confidence, of the approximate amount of the offer was necessary to obtain quotations required for the preparation of the offer; and
(ii) enter into any arrangement or agreement with any other person that he or the other person(s) shall refrain from making an offer or as to the amount of any offer to be submitted.
The Supplier's Obligations. The Supplier shall, during the Subscription Term, provide the Services to the Client on and subject to the terms of this Agreement. The Supplier undertakes that the Platform will be provided substantially in accordance with the Documentation for the relevant product and the Services shall be provided with reasonable skill and care. The Supplier shall use commercially reasonable endeavours to make the Platform available 24 hours a day, seven days a week, except for during any maintenance periods provided that the Supplier has used reasonable endeavours to give the Client reasonable notice in advance. The undertaking at clause 3.2 shall not apply to the extent any non-conformance is caused by any problems with the Client Cloud, the use of the Platform or Documentation contrary to the Supplier's instructions, or modification or alteration of the Platform by any party other than the Supplier or the Supplier's duly authorised contractors or agents. If the Platform does not conform with the undertaking at clause 3.2, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Client with an alternative means of accomplishing the desired performance. Such correction or substitution constitutes the Client's sole and exclusive remedy for any breach of the undertaking set out in clause 3.2. The Supplier does not warrant: (a) that the Client's use of the Services will be uninterrupted or error-free; (b) that the Services, Documentation and/or the results obtained by the Client through the Services will meet the Client's requirements; (c) that the Platform will be free from Vulnerabilities or Viruses; or (d) the quality of the computing outputs from the Client Content. The Supplier is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Client acknowledges that the Platform and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities. In particular, the Supplier is not responsible in any way for the performance of the Client Cloud. This Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement...
The Supplier's Obligations. 8.1. The Supplier undertakes that the Services will be performed substantially in accordance with this Agreement and with reasonable skill and care.
8.2. The undertaking at clause 8.1 shall not apply to the extent of any non-conformance which is caused by use of the Services contrary to the Supplier’s written instructions, or modification or alteration of the Services by any party other than the Supplier or the Supplier’s duly authorised contractors or agents. If the Services do not conform with the foregoing undertaking, the Supplier will, at its expense, use all reasonable commercial endeavours to correct any such non-conformance promptly, or provide the Customer with an alternative means of accomplishing the desired performance. Notwithstanding the foregoing, The Supplier:
8.2.1. does not warrant that the Customer’s use of the Services will be uninterrupted or error-free; or that the Services, Documentation and/or the information obtained by the Customer through the Services will meet the Customer’s requirements; and
8.2.2. is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Services and Documentation may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
8.3. This Agreement shall not prevent the Supplier from entering into similar agreements with third parties, or from independently developing, using, selling or licensing documentation, products and/or services which are similar to those provided under this Agreement.
The Supplier's Obligations. The supplier will exercise the expertise of a reasonably competent communications provider to perform the Services. The supplier will use reasonable endeavours to deliver the service by the date agreed at point of order. In the event of delays or problems outside the supplier’s control, we will take reasonable steps to keep the Customer informed. The Supplier will use reasonable endeavours to meet the agreed Service Level Agreement as specified in the Order. The Supplier will reasonably endeavour to give 14 days notice of any suspension required to maintain, repair, modify or upgrade the Service and reasonably endeavour to minimise the disruption of the Service to the Customer.
The Supplier's Obligations. And The Framework Agreement Standard
20.1. The Supplier shall act:
20.1.1. with all the due skill care and diligence to be expected of a competent Supplier experienced in providing services of a similar kind scope and complexity as that under this Agreement;
20.1.2. in accordance with the provisions of the Agreement and Call Off Contract(s) awarded;
20.1.3. in accordance with all applicable Legislation or other legal requirements concerning the obligations under the Agreement and Call-Off Contract including without limitation those relating to the health and safety of staff and users;
20.1.4. in a manner that does not damage the reputation of NEPO or the Agent.
