Unfair Competitive Advantage Sample Clauses
The Unfair Competitive Advantage clause is designed to prevent one party from gaining an improper or unethical edge over the other in a business relationship. Typically, this clause restricts the use of confidential information, insider knowledge, or exclusive access obtained through the agreement to compete unfairly in the market. For example, it may prohibit a party from using proprietary data to undercut the other’s pricing or to solicit their customers. Its core function is to ensure a level playing field and protect against exploitation of privileged information, thereby maintaining fair competition and trust between the parties.
POPULAR SAMPLE Copied 2 times
Unfair Competitive Advantage. Fairness and transparency in the tender process require that the firms or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to this tender. To that end, the Procuring Entity shall indicate in the TDS and make available to all the firms together with this tender document all Information that would in that respect gives such firm any unfair competitive advantage over competing firms.
Unfair Competitive Advantage. The recipient must ensure that no potential contractor has unequal access to information that may provide that contractor an unfair competitive advantage. For instance, a potential contractor who has received procurement sensitive information, such as others’ offered prices that are not available to all competitors must be excluded from the competition.
Unfair Competitive Advantage. 4.1 Fairness and transparency in the selection process require that the Consultants or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, the Procuring Entity shall indicate in the Data Sheet and make available to all Consultants together with this RFP all information that would in that respect give such Consultant any unfair competitive advantage over competing Consultants.
Unfair Competitive Advantage. Fairness and transparency in the tender process require that the Firms or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the contract being tendered for. KPLC shall indicate in the TDS firms (if any) that provided consulting services for the contract being tendered for. KPLC shall check whether the owners or controllers of the Tenderer are same as those that provided consulting services. KPLC shall, upon request, make available to any tenderer information that would give such firm unfair competitive advantage over competing firms.
Unfair Competitive Advantage. 4.1 Fairness and transparency in the selection process require that the Tenderers or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to the assignment in question. To that end, KoTDA shall indicate in the Data Sheet and make available to all Tenderers together with this RFP all information that would in that respect give such Tenderer any unfair competitive advantage over competing Tenderers.
Unfair Competitive Advantage. A. The City seeks to procure Consultant Services through a competitive, impartial process in which all Consultants are treated fairly. A Consultant that has an actual or apparent unfair competitive advantage jeopardizes the integrity of the competitive process
B. A number of different situations can give rise to an actual or apparent unfair competitive advantage. Most commonly, an actual or apparent unfair competitive advantage arises because the Consultant or one of its subconsultants has unequal access to nonpublic information or unique insight into the scope of work. Whether an unfair competitive advantage exists depends on the specific facts of each situation.
C. The existence of an unfair competitive advantage is a basis for the City to disqualify a Consultant’s participation in this RFQ. If the City determines that a Consultant is disqualified because of the existence of an unfair competitive advantage, it will provide the Consultant with a written statement of the facts leading to its conclusion that an unfair competitive advantage exists. The Consultant may protest the determination in accordance with the Protest section of this RFQ. Notwithstanding anything to the contrary in the Protest section, the Consultant shall submit its written protest no later than five (5) business days after the date of the City’s letter of disqualification.
D. The Consultant represents that before submitting a response to the RFQ it investigated and considered the issue of potential unfair competitive advantage, including considering any subconsultants it has worked with. By submitting a response to the RFQ, the Consultant further acknowledges that performing the work resulting from this RFQ potentially could be the basis of creating an actual or apparent unfair competitive advantage for any future work. The City strongly advises Consultants to consult with their legal counsel regarding these issues.
Unfair Competitive Advantage. Fairness and transparency in the tender process require that the firms or their Affiliates competing for a specific assignment do not derive a competitive advantage from having provided consulting services related to this tender. To that end, Kenya Petroleum Refineries Ltd shall indicate in the TDS and make available to all the firms together with this tender document all Information that would in that respect gives such firm any unfair competitive advantage over competing firms.
Unfair Competitive Advantage. The Consultant must ensure that no potential contractor has unequal access to information that may provide that contractor an unfair competitive advantage. For instance, a potential contractor who has received procurement sensitive information, such as others’ offered prices that are not available to all competitors must be excluded from the competition. The Consultant must retain all procurement records related to this award in accordance with the Standard Provision, “Accounting, Audit and Records,” and make such records available to USAID upon request. In addition, for awards above the Consultant’s micro- purchase threshold, the Consultant must also retain the following written documentation: Basis for contractor selection; Justification for lack of competition when competitive bids or offers are not obtained; and Basis for award cost or price. The type of procurement instruments used (for example, fixed price contracts, cost reimbursable contracts, purchase orders, incentive contracts) must be appropriate for the particular procurement and for promoting the best interest of the program or project. The Consultant must not use a "cost-plus-a- percentage-of-cost," "percentage of construction cost," or any other method that provides for a fee payable as a percentage of costs incurred, because such arrangements encourage the contractor to increase costs to increase its fee. Contracts in excess of the Consultant’s micro-purchase threshold must contain provisions that allow for administrative, contractual, or legal remedies if a contractor violates the contract terms; and In all contracts for construction or facility improvement awarded for more than $100,000, the Consultant must observe generally accepted bonding requirements. This provision is not applicable to commodities or services that the Consultant provides with private funds as part of a cost-sharing requirement, or with Program Income generated under this award. Ineligible and Restricted Commodities and Services: