Future Bids Clause Samples
Future Bids. With respect to the Shared Contracts (Spinco Companies), from and after the date of this Agreement and during the term of such Shared Contracts (Spinco Companies), Spinco shall provide Parent, in writing, the following: (i) projected task order request for proposal release dates under such Shared Contracts promptly after becoming aware thereof and (ii) a copy of each task order request for proposal issued under such Shared Contracts simultaneously with Spinco’s internal distribution of the same, but in no event later than two (2) Business Days after release, in each case without regard to whether such opportunities fall within or outside of the Reserved Business Area (as defined below). With respect to each Shared Contract (Spinco Companies), the following terms and conditions shall apply:
(i) Spinco shall have the right in its sole discretion to submit, or to cause its Subsidiaries to submit, on Spinco’s behalf or on behalf of any of its Subsidiaries, any quotations, bids or proposals under the Shared Contracts (Spinco Companies) (a “Spinco Bid”), except for proposals in the reserved business areas described on Exhibit D (Spinco Companies) (such reserved business areas, the “Reserved Business Area”).
(ii) Spinco shall not, and shall cause its Subsidiaries not to, submit on Spinco’s behalf or on behalf of any of its Subsidiaries any Spinco Bid under a Shared Contract in the Reserved Business Area.
(iii) Subject to the terms and conditions of this Agreement, Parent shall have the right to request that Spinco submit, or cause its applicable Subsidiary to submit, on behalf of the Parent Business, any quotations, bids or proposals for work under the Shared Contracts (Spinco Companies) within the Reserved Business Area, on the terms and conditions proposed by the Parent Business, and Spinco agrees to, or to cause its applicable Subsidiary to, submit such quotations, bids or proposals in connection with any procurement within the Reserved Business Area, except to the extent Spinco determines, after consultation with counsel, (A) that the terms and conditions proposed by Parent reasonably could be interpreted to violate Applicable Law, the applicable Shared Contract, the terms of this Agreement, or the terms of any other agreement to which a Spinco Company is bound as of the date hereof, or (B) the scope of the work proposed in the quotation, bid or proposal would create an organizational conflict of interest for Spinco or RMT Parent. Parent shall submit any such...
Future Bids. With respect to the Shared Contracts (Spinco Companies), from and after the date of this Agreement and during the term of such Shared Contracts (Spinco Companies), Spinco shall provide Parent, in writing, the following: (i) any draft task order request for proposal (“TO RFP”), (ii) any customer-announced intent to release a draft TO RFP, (iii) any draft TO RFP release dates and (iv) any final TO RFP under such Shared Contracts (Spinco Companies). Each of the foregoing shall be provided to Parent simultaneously with Spinco’s internal distribution of the same, but in no event later than two (2) Business Days after release (or with respect to release dates, Spinco becoming aware thereof), as applicable, and in each case without regard to whether such opportunities fall within or outside of the Reserved Business Area (as defined below). With respect to each Shared Contract (Spinco Companies), the following terms and conditions shall apply: (i)Spinco shall have the right in its sole discretion to submit, or to cause its Subsidiaries to submit, on Spinco’s behalf or on behalf of any of its Subsidiaries, any quotations, bids or proposals under the Shared Contracts (Spinco Companies) (a “Spinco Bid”), other than quotations, bids or proposals for prospective Orders within the reserved business areas described on Exhibit D (such reserved business areas, the “Reserved Business Area”).
Future Bids. During the term of this Agreement, COPA and AFCE shall have the right to evaluate the Supplier based on Supplier's pricing, product quality and consistency of delivery and other factors. Supplier will cooperate in such evaluation. COPA and AFCE shall also have the right to test other suppliers with respect to the supply of products similar to the Products being supplied by Supplier.
