Negotiation Phase Clause Examples

Negotiation Phase. 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest detailed estimate of Construction Costs, shall assist the Owner, as may be requested by the Owner, in reviewing the CM's final GMP Proposal or final lump sum proposal for all construction contemplated by the Construction Documents. In addition, if the CM's proposal is initially rejected by the Owner, the Design Professional shall, if requested by Owner, attend any and all meetings between the Owner and the CM to discuss the basis of the rejection of the proposal and to review any revisions made by the CM in order to obtain the Owner's approval. 2.5.2 In the event the CM's proposal is accepted by the Owner, the Design Professional shall revise the Construction Documents to include any changes in the Work made during the negotiation phase. 2.5.3 In the event the CM's proposal is ultimately not accepted by the Owner, the Design Professional's subsequent services during this phase are Basic Services and are governed by Article 2.12 of this Agreement.

Negotiation Phase. In the negotiation, two mechanisms are carried out at each round: a mechanism for deciding to ac- cept/reject the opponent’s offer (Evaluation of Op- ponent’s Offer), and a mechanism for proposing an offer to the opponent (Offer Proposal). For the for- mer, a unanimity voting process is employed, while for the latter an offer building process is governed by the team mediator.

Negotiation Phase. During the Negotiation Phase, the Department will meet with selected Respondent(s) to negotiate terms of a potential Contract that provides the best value to the Department. During negotiations, the Department and the Respondent(s) will come to agreement on a final scope of services, contract terms, service level agreements, timelines, performance measures, and financial consequences for non-performance. The Respondent must attend negotiations with individuals fully qualified and authorized to negotiate these considerations and enter into a binding agreement on behalf of the Respondent. Upon conclusion of negotiations, the Department may request a Best and Final Offer (BAFO) and the Respondent(s) will submit a BAFO to the Department. The BAFO shall include final pricing and any negotiated assumptions or limitations the Respondent deems material. The Negotiation Team members will review each BAFO individually, then reconvene in a public meeting to discuss the recommended award. The Department will then post its Notice of Intent to Award on the VBS.

Negotiation Phase. The Department may provide specific agenda topics to the invited Respondent(s) prior to the beginning of negotiations. The Department reserves the right to negotiate concurrently or separately with competing Respondents. The Department shall have the right to use any or all ideas or adaptations of the ideas presented in any Reply. Selection or rejection of a Reply does not affect this right. Pricing will be requested during the Negotiation Phase and will be negotiated to achieve the best pricing for all Florida Government and Academic entities. The pricing proposed for all contract years will be discussed and considered as part of the best value determination. The Vendor Price Sheets provided include specific Select Plus and Enterprise Agreement software or software bundles for which all Respondents moved forward to the negotiation period must provide upon request. Respondents may also provide other Microsoft software; however, discounts offered for the software lists are to apply to all software proposed (i.e. x percent for Select Plus, x percent for Enterprise, x percent for Academic).

Negotiation Phase. The first step of this phase is preparation of the bid documents to go out for public bid. The bid document set includes an advertisement for bids, instructions to bidders, the bid form, bid documents, the owner-contractor agreement, labor and material payment bond, and any other sections necessary for successful price bids. For some projects that have unique aspects or complex requirements, the owner will have a mandatory prebid meeting for potential contractors. The owner, with the help of the vendor (if required), evaluates the bids and selects a winning bid. Deliverables: The final deliverable is a construction contract. Constriction Administration (CA) services are rendered at the owner’s discretion and should be outlined in the owner-vendor agreement. Different owner-vendor-contractor agreements require different levels of services on the vendor’s part. CA services begin with the initial contract for construction and terminate when the final certificate of payment is issued. The vendor’s core responsibility during this phase is to help the contractor to build the project as specified in the CDs as approved by the owner. Questions may arise on site that require the vendor to develop sketches or respond to requests for information (RFIs). Different situations may require a Change Order to complete the project. Deliverables: A successfully built and contracted project. Solicited under State of Rhode Island Master Price Agreement 494. INSERT DATE OF REQUEST FOR QUOTE INSERT PROPERTY DESCRIPTION INSERT HISTORY AND BACKGROUND INSERT THE INTENT A SELECT mandatory/non-mandatory site walkthrough will be conducted at INSERT LOCATION on INSERT DATE at INSERT TIME Questions regarding this Request for Quote are due to the INSERT AGENCY no later than INSERT DATE. Vendor Submissions are due via email or hardcopy to the INSERT AGENCY no later than INSERT DATE. INSERT NAME, TITLE INSERT PHONE NUMBER INSERT EMAIL

Negotiation Phase. A. A party (referred to as "plaintiff" on occasion) may initiate negotiation proceedings by delivery of a certified or registered letter to the opposing party, referring to this Exhibit C and describing the dispute ("Claim" or "Claims"), a list of documents, data, and information relied upon in support of its contentions (copies of which must be attached), the terms (if any) of the Agreement and/or Closing or post-Closing documents that are relevant, and a proposed resolution of the dispute. B. The opposing party (referred to as "defendant" on occasion) must respond within thirty working days to the address set forth in Article 16, setting out its contentions, a list of documents, data, and information in support of its position (copies of which must be attached), and its response to the proposed resolution, including any counterclaims. Each party will then have ten working days to amend, alter, or supplement its correspondence with further contentions and further documentation. If the opposing party does not respond, the party initiating the negotiation will send a second notice and, after a reasonable time, may proceed to submit a written settlement offer as provided in I.D. of this Exhibit. C. If the parties are unable to resolve a dispute with correspondence, then within twenty working days (or any agreed period) following the completion of all supplements, alterations, or amendments, representatives of the parties will meet at least once and attempt to negotiate a resolution of all Claims. Each party may be represented at any meeting by persons of its choice, but at least one representative must be a line manager of the party. The meeting will occur at a place selected by the parties or, if they cannot agree, in the place Exxon designates. D. If a Claim is not resolved within thirty working days (or any agreed period) of the first meeting for informal negotiation, then the plaintiff will, within five working days, 55 submit a final written offer for settling all Claims (including defendant's counterclaims, if any) or a notice that it will not offer to settle the dispute. Within five working days of its receipt of the offer or notice, the defendant must either accept or reject the offer, if any, or submit its own settlement offer as to all Claims (including defendant's counterclaims, if any). Within five working days of its receipt of the defendant's response, plaintiff must accept or reject defendant's offer as to all Claims. Failure to respond shall ...

Negotiation Phase. After this second public meeting, the conceptual agreement will be passed to the Vechttafel, in which all the representatives of the community, community organizations, municipalities and public amenity organizations take place. They will discuss this contract and will see which demands can be executed and which not. All the decision making powers are represented at this table, and can be seen as the final phase of the project.

Negotiation Phase. 2.5.1 The Design Professional, following the Owner's approval of the Construction Documents and of the latest detailed estimate of Construction Costs, shall assist the Owner, as may be requested by the Owner, in reviewing the CM's final GMP Proposal or final lump sum proposal for all construction contemplated by the Construction Documents. In addition, if the CM's proposal is initially rejected by the Owner, the Design Professional shall, if requested by Owner, attend any and all meetings between the Owner and the CM to discuss the basis of the rejection of the proposal and to review any revisions made by the CM in order to obtain the Owner's approval. 2.5.2 In the event the CM's proposal is accepted by the Owner, the Design Professional shall revise the Construction Documents to include any changes in the Work made during the negotiation phase. 2.5.3 In the event the CM's proposal is ultimately not accepted by the Owner, the

Negotiation Phase. The Department intends to award this Contract to the Respondent(s) that offer the overall best value to the State as determined through this ITN process. The Department reserves the right to award to a single vendor, or to continue to award to multiple vendors for each category or sub-category. This award decision will be posted within the Sourcing Tool as well as publicly noticed on the Vendor Bid System. The Department reserves the right to accept or reject any and all Responses, or separable portions, and to waive any minor irregularity, technicality, or omission if the Department determines that doing so will serve the State’s best interest. The Department reserves the right to end negotiations at any time and award the Contract to the Respondent(s) that represent the overall best value to the State. This paragraph is in addition to, and shall not be construed to limit or override any right or remedy available to the Department in, Section 2.0, PUR 1001.