NON-CONFORMING PROPOSALS Sample Clauses
NON-CONFORMING PROPOSALS. A. Proposals shall be considered non-conforming and may be rejected for the following reasons unless otherwise provided by law:
1. If the Proposal Form furnished to the Bidder by the Owner is not used or is altered.
2. If there are unauthorized additions or conditional bids, or irregularities of any kind which may tend to make the Proposal incomplete, indefinite, or ambiguous as to its meaning.
3. If the Bidder adds any provisions reserving the right to accept or reject any award, or to enter into a Contract pursuant to an award.
4. If the unit or lump sum prices contained in the Bid schedule are obviously unbalanced either in excess or below the reasonable cost analysis values.
5. If the Bidder fails to insert a unit cost for every Bid item indicated.
6. If the Bidder fails to complete the Proposal in any other particulars where information is requested so Bidder's Proposal may be properly evaluated.
B. The Owner reserves the right to reject any or all Bids and to waive irregularities or informalities as may be deemed best and in the Owner's interest.
NON-CONFORMING PROPOSALS. If Moderna issues a Response Notice stating that the R&D Program Proposal or the proposed R&D Program (or additional Targets, as applicable) described therein does not satisfy the requirements of Sections 2.3(a), 2.3(b) and 2.3(c), then Moderna will include in such Response Notice the specific provision of 2.3(a), 2.3(b) or 2.3(c) that such R&D Program Proposal, proposed R&D Program or proposed additional Target, as applicable, failed to satisfy. If Merck in good faith disputes any assertion by Moderna in a Response Notice, Merck may deliver written notice of such dispute to Moderna within [***] of Merck’s receipt of the applicable Response Notice, in which case the dispute will be resolved in accordance with the dispute resolution procedure set forth in [***].
NON-CONFORMING PROPOSALS. Non-conforming proposals will not be considered. Non-conforming proposals are defined as those that do not meet the requirements of this RFP. The determination of whether an RFP requirement is substantive or a mere formality shall reside solely within the State of Delaware.
NON-CONFORMING PROPOSALS. A Proposal may be regarded as non-conforming if it is not lodged in accordance with the terms and conditions or the requirements of this RFP. Movember may, in its absolute discretion, accept or reject a Proposal that is non-conforming.