Competitive Proposals. (a) Without limitation on any of its other obligations under this Agreement, each Principal Stockholder hereby covenants and agrees that he shall not, directly or indirectly, (i) initiate, solicit, encourage or knowingly facilitate any inquiries or the making of any proposal or offer with respect to, or a transaction to effect, a competitive proposal (as defined in the Merger Agreement) with respect to the Company or any of its significant subsidiaries, (ii) have any discussion with or provide any confidential information or data to any Person relating to a competitive proposal, or engage in any negotiations concerning a competitive proposal, or knowingly facilitate any effort or attempt to make or implement an competitive proposal, in each case with respect to the Company or any of its significant subsidiaries, (iii) approve, vote in favor of, consent to or recommend, or propose publicly to approve or recommend, any competitive proposal with respect to the Company or any of its significant subsidiaries or (iv) approve, vote in favor of, consent to or recommend, or propose to approve or recommend, or execute or enter into, any letter of intent, agreement in principle, merger agreement, acquisition agreement, option agreement or other similar agreement or propose publicly or agree to do any of the foregoing related to any competitive proposal with respect to the Company or any of its significant subsidiaries. The Principal Stockholders agree that they will promptly keep Parent informed of the status and terms of any such proposals.
Competitive Proposals. Appendix 14 sets forth provisions for the adjustment of UP's rates and charges to APL as a result of specified market conditions and competitive circumstances.
Competitive Proposals. 9 10. SERVICE LEVEL COMMITMENT .......................................... 9
Competitive Proposals. Appendix 9 sets forth provisions for the adjustment of CSXI's rates and charges to APL as a result of specified market conditions and competitive circumstances.
Competitive Proposals. 16 Section 15.
Competitive Proposals. Developer shall solicit competitive proposals for the construction of the Project from no fewer than three (3) qualified general contractors with experience developing similar projects involving the rehabilitation of multifamily residential properties and adequate financial resources to construct the Project. Developer may direct all proposals to be submitted to Developer for opening and review. Developer shall provide Agency with all documentation necessary to permit Agency to evaluate all three (3) general contractors submitting proposals, including the bids submitted by each contractor. Developer shall select the Contractor that submits the lowest responsible proposal, subject to the reasonable approval of the Executive Director. The Contractor selected for the Project shall solicit competitive proposals from no fewer than three (3) subcontractors for each component of the Project to be performed by contractors other than the approved Contractor and shall select the subcontractor that submits the lowest responsible proposal, subject to the reasonable approval of the Developer and the Executive Director. In the event Developer changes the Contractor or the Contractor changes any subcontractor, Developer (or the Contractor if a subcontractor is being changed), shall inform Agency of the reasons for such substitution and then shall again solicit not fewer than three (3) competitive proposals for the work being contracted for and shall again provide Agency with all relevant documentation and select the contractor or subcontractor that submitted the lowest responsible proposal to perform the work, subject to the reasonable approval of the Executive Director. In the event the Developer (with respect to the Contractor) or the Contractor (with respect to subcontractors) desires to select and contract with a Contractor or subcontractor that submitted a proposal which was not the lowest responsible proposal submitted for the applicable portion of the Project, Executive Director may approve the selection of such Contractor or subcontractor upon request by the Developer or Contractor, as applicable, in the reasonable discretion of Executive Director.
Competitive Proposals. This method has two sub-parts; the Request for Proposal (RFP) and the Request for Qualifications (RFQ).
Competitive Proposals. Competitive proposals are used to purchase professional services where the total cost will exceed $100, 000. Under this procurement method, The State will publish a written request for submission and then review these submissions based on established selection criteria. Under this approach, there are two possible methods of soliciting proposals. • Request for proposal asks that offers submit both qualifications and cost information • Request for qualifications can be used for purchasing architecture and engineering services. It only asks for information on the offerer’s expertise/experience and not on cost, subject to a negotiation of fair and reasonable compensation. When Competitive Proposals are utilized, the following requirements apply: • Publication Period • Clear Definition • Technical Evaluation • Award
Competitive Proposals. Competitive proposals for purchases of $50,000 or more should be used when the conditions for sealed bids do not exist. The competitive proposals method of procurement requires a CE, or sponsored site, to publicize a request for proposals (RFP) and solicit proposals as well. After the proposals are received, the CE or sponsored site will evaluate responsive proposals and upon award may conduct contract negotiations with two or more respondents. When using competitive proposals, CEs must: - Solicit proposals from an adequate number of qualified sources. - Publicize the RFP. - Honor all requests to compete as far as practical. - Identify all evaluation factors and their relative importance in the RFP. - Have a written procedure for evaluating proposals, for determining with whom they will negotiate, and for selecting the successful bidder. - Award contracts to the most advantageous bidder. - Promptly notify unsuccessful bidders. As a reminder, bidding entities may not develop procurement procedures on behalf of the Contracting Entity (CE) as noted in Item 7310 of the CACFP Handbook: 7310 Procurement Procedures
Competitive Proposals normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type of contract is awarded. Each competitive proposal process must include a documented methodology for technical evaluations and awarded to responsible offeror whose proposal is most advantageous to the program with price, technical and other factors considered. This method is generally used when conditions are not appropriate for the use of sealed bids. Under letter (b) and letter (c): All services and equipment by the recipient/subrecipient/subgrantee in an amount of $15,000 or more will be acquired according to the following procedures: • The recipient/subrecipient/subgrantee shall determine that the item or service is authorized by the budget, funds are available for purchase, and the WorkLink WDB point of contact approves the requested purchase or sub-award. • The recipient/subrecipient/subgrantee shall prepare request for bids and specifications or request for proposals, list the potential vendors, and prepare proposed newspaper and other legal advertisement. The advertisements should include: − Brief scope of services; − Name and telephone of the person to contact for a copy of the RFP or bid specifications; − Deadline for submitting proposal or bids; and − Statement that the WIOA program does not discriminate. • The recipient/subrecipient/subgrantee shall send out the RFP or bid to the list of vendors and advertise at a minimum in Xxxxxxxx, Greenville, and Spartanburge Counties. A minimum of ten (10) calendar days must be allowed for submission of proposals or bids. • The recipient/subrecipient/subgrantee shall a hold public bid opening at time and place announced, and tabulate bids. The results shall be submitted to a committee of non-biased peers selected from among management staff of partners (or their designee) and/or WDB members and/or other area subject experts. Under no circumstances should an individual be included in the committee to review and score bids that has a conflict of interest. This committee will select the best proposal. • The recipient/subrecipient/subgrantee must make available all documentation to support the procurement upon request.
