Common use of Contracting Preference Clause in Contracts

Contracting Preference. North Star shall invite Doyon, or any entity designated by Doyon in which Doyon has a financi▇▇ ▇▇terest of 25% or more, to make ▇▇▇▇osals or b▇▇▇ ▇n all contracts bid or let after the date of this Agreement relating to operations of North Star within the Expenditure Area which North Star elects to have performed by an independent contractor, which are normally put out to general bid, and which are a type of contract that Doyon has previously notified North Star that it is interested in per▇▇▇▇▇ng. To enable Doyon to have an adequate opportunity to prepare itself, and to assoc▇▇▇▇ with others in making proposals or bids for contracts, North Star shall notify Doyon not less than 30 days prior to the date any invitation to bid i▇ ▇▇▇eduled to be transmitted or published, as early as reasonably possible, of any contracts or activities in which Doyon has the opportunity to participate pursuant to this Section. In ▇▇▇▇ event, Doyon or such entity shall be first and preferentially considered for ▇▇▇▇ contracts to be performed for North Star as follows: (a) Each proposal or bid from Doyon or such entity shall be accepted if (1) the goods o▇ ▇▇▇vices offered are substantially equivalent in quality to those offered by the best acceptable competing proposal or bid received by North Star, (2) after full consideration of likely operating efficiencies, if any, it will cost no more than the best acceptable competing proposal or bid received by North Star, and (3) the experience and capability of Doyon or such entity, if applicable, to perform in accord▇▇▇▇ with good and accepted practices can be demonstrated by Doyon or such entity to North Star's reasonable satisfact▇▇▇. (b) North Star agrees that Doyon/Universal Services Joint Venture, or any successor ▇▇▇▇▇ or controlled by Doyon or in which Doyon maintains a twenty-five percent (▇▇%) or greater in▇▇▇▇▇t, is experienced and capable of performing remote site food service and housekeeping services for any operation of North Star. (c) This Section shall not be construed to restrict in any way the right of North Star to perform any work or supply any services itself. North Star shall be relieved of the obligation to comply with any provision of this Section to the extent that such provision causes any delay in operations that would not occur if it were not in effect.

Contracting Preference. North Star Tectonic shall invite Doyon▇▇▇▇▇, or any entity designated by Doyon ▇▇▇▇▇ in which Doyon ▇▇▇▇▇ has a financi▇▇ ▇▇terest financial interest of 25% or more, to make ▇▇▇▇osals proposals or b▇▇▇ ▇n bids on all Page 26 contracts bid or let after the date of this Agreement Lease relating to operations of North Star within the Expenditure Area Tectonic under this Lease which North Star Tectonic elects to have performed by an independent contractor, which are normally put out to general bid, and which are a type of contract that Doyon ▇▇▇▇▇ has previously notified North Star Tectonic that it is interested in perperforming. Such notice from ▇▇▇▇▇ng▇ shall be given initially within 60 days after the date of this Lease and may be updated from time to time. To enable Doyon ▇▇▇▇▇ to have an adequate opportunity to prepare itself, and to assoc▇▇▇▇ associate with others in making proposals or bids for contracts, North Star Tectonic shall notify Doyon not less than 30 days prior to the date any invitation to bid i▇ ▇▇▇eduled to be transmitted or published▇▇, as early as reasonably possible, of any contracts or activities in which Doyon ▇▇▇▇▇ has the opportunity to participate pursuant to this SectionSECTION. In ▇▇▇▇▇ event, Doyon or such entity shall be first and preferentially considered for such contracts, provided that ▇▇▇▇▇ contracts or such entity will be required to participate in the relevant procurement processes as may be performed for North Star as follows: (a) established by Tectonic in connection with the award of such contracts. Each proposal or bid from Doyon ▇▇▇▇▇ or such entity shall be accepted if (1) the goods o▇ ▇▇▇vices or services offered are substantially equivalent in quality to those offered by the best acceptable competing proposal or bid received by North StarTectonic, (2) after full consideration of likely operating efficiencies, if any, it will cost no more than the best acceptable competing proposal or bid received by North StarTectonic; provided, however, with respect to contracts for which Doyon’s bid is not 15% more than any competing bid for contracts with a value of $1,000,000 or less and not more than 10% more than any competing bid for contracts with a value greater than $1,000,000, Doyon’s bid shall be deemed to cost no more than the best acceptable competing bid, and (3) the experience demonstrated experience, capability, health and capability safety record, and other qualifications of Doyon ▇▇▇▇▇ or such entity, if applicable, to perform the relevant work under such contract must be acceptable to Tectonic, in accord▇▇▇▇ with good and accepted practices can be demonstrated by Doyon or such entity to North Star's reasonable satisfact▇▇▇its sole discretion. (b) North Star agrees that Doyon/Universal Services Joint Venture, or any successor ▇▇▇▇▇ or controlled by Doyon or in which Doyon maintains a twenty-five percent (▇▇%) or greater in▇▇▇▇▇t, is experienced and capable of performing remote site food service and housekeeping services for any operation of North Star. (c) This Section shall not be construed to restrict in any way the right of North Star to perform any work or supply any services itself. North Star shall be relieved of the obligation to comply with any provision of this Section to the extent that such provision causes any delay in operations that would not occur if it were not in effect.

Contracting Preference. North Star Tectonic shall invite Doyon▇▇▇▇▇, or any entity designated by Doyon ▇▇▇▇▇ in which Doyon ▇▇▇▇▇ has a financi▇▇ ▇▇terest financial interest of 25% or more, to make ▇▇▇▇osals proposals or b▇▇▇ ▇n bids on all contracts bid or let after the date of this Agreement Lease relating to operations of North Star within the Expenditure Area Tectonic under this Lease which North Star Tectonic elects to have performed by an independent contractor, which are normally put out to general bid, and which are a type of contract that Doyon ▇▇▇▇▇ has previously notified North Star Tectonic that it is interested in perperforming. Such notice from ▇▇▇▇▇ng▇ shall be given initially within 60 days after the date of this Lease and may be updated from time to time. To enable Doyon ▇▇▇▇▇ to have an adequate opportunity to prepare itself, and to assoc▇▇▇▇ associate with others in making proposals or bids for contracts, North Star Tectonic shall notify Doyon not less than 30 days prior to the date any invitation to bid i▇ ▇▇▇eduled to be transmitted or published▇▇, as early as reasonably possible, of any contracts or activities in which Doyon ▇▇▇▇▇ has the opportunity to participate pursuant to this SectionSECTION. In ▇▇▇▇▇ event, Doyon or such entity shall be first and preferentially considered for such contracts, provided that ▇▇▇▇▇ contracts or such entity will be required to participate in the relevant procurement processes as may be performed for North Star as follows: (a) established by Tectonic in connection with the award of such contracts. Each proposal or bid from Doyon ▇▇▇▇▇ or such entity shall be accepted if (1) the goods o▇ ▇▇▇vices or services offered are substantially equivalent in quality to those offered by the best acceptable competing proposal or bid received by North StarTectonic, (2) after full consideration of likely operating efficiencies, if any, it will cost no more than the best acceptable competing proposal or bid received by North StarTectonic; provided, however, with respect to contracts for which Doyon’s bid is not 15% more than any competing bid for contracts with a value of $1,000,000 or less and not more than 10% more than any competing bid for contracts with a value greater than $1,000,000, Doyon’s bid shall be deemed to cost no more than the best acceptable competing bid, and (3) the experience demonstrated experience, capability, health and capability safety record, and other qualifications of Doyon ▇▇▇▇▇ or such entity, if applicable, to perform the relevant work under such contract must be acceptable to Tectonic, in accord▇▇▇▇ with good and accepted practices can its sole discretion. Notwithstanding the foregoing, Tectonic: (i) shall not be demonstrated by Doyon or such entity required to North Star's reasonable satisfact▇▇▇. (b) North Star agrees that Doyon/Universal Services Joint Venture, or ascribe any successor preferences as between ▇▇▇▇▇ (or controlled by Doyon or any entity in which Doyon maintains a twenty-five percent (▇▇%) or greater in▇▇▇▇▇ holds a financial interest of 25% or more) and any business owned or controlled by the Village, and (ii) may, in the event of any competing bids as between ▇t▇▇▇▇ (or any such entity) and a business owned or controlled by the Village, is experienced and capable of performing remote site food service and housekeeping services for any operation of North Starselect the most competitive bidder as between such bids (but only as between such bids). (c) This Section shall not be construed to restrict in any way the right of North Star to perform any work or supply any services itself. North Star shall be relieved of the obligation to comply with any provision of this Section to the extent that such provision causes any delay in operations that would not occur if it were not in effect.