Common use of Formation of Contracts Clause in Contracts

Formation of Contracts. Quotations 4.1 Finance or an Agency may, at any time, issue the Contractor and other contractors enrolled under the relevant Module(s) with a request for quotation (RFQ) for the provision of Deliverables under any one or more Module. 4.2 Upon receipt of a RFQ, if the Contractor wishes to submit a quotation for provision of the Deliverables, it may submit a quotation in writing to Finance or the Agency (as the case may be) by the date specified in the RFQ. 4.3 Finance or the Agency (as the case may be) may negotiate Charges lower than those set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) for the Contractor's provision of the Deliverables, but the Charges must not be higher than the Charges set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) for the relevant Deliverables. If Charges lower than those set out in Schedule 3 - Attachment 2 (Deliverables and Pricing) are negotiated for any Contract, Schedule 3 - Attachment 2 (Deliverables and Pricing) will be deemed amended to reflect the lower Charges. 4.4 Finance requires that all draft Contracts be provided to Finance, prior to execution, for Finance's review and confirmation that the Contracts are formed in accordance with this Head Agreement and are suitable for execution. 4.5 After receiving a quotation under clause 4.2, Finance or the relevant Agency (as the case may be) may invite the Contractor to provide a best and final offer (BAFO) in respect of the Deliverables which are the subject of the quotation. Finance or the relevant Agency (as the case may be) may specify terms and conditions that apply to the BAFO process. 4.6 Upon receipt of an invitation to provide a BAFO, the Contractor must: 4.6.1 provide a BAFO to Finance or the relevant Agency (as the case may be) in accordance with any applicable terms and conditions that apply to the BAFO process; or 4.6.2 reaffirm its quotation submitted under clause 4.2 as being its BAFO. 4.7 Finance or an Agency may place a Contract Order Form with the Contractor for the provision of Deliverables at any time during the Term of the relevant Module. Contract Order Forms may encompass Deliverables from multiple Modules. Note: It is intended that except for Module specific terms the Standard Contract Terms will be the same across all Modules. 4.8 Finance or an Agency may place a Contract Order Form with the Contractor for provision of Deliverables to one or more Agency (including Finance) at any time during the Term of the relevant Module by specifying more than one Agency in the Contract Order Form as the Agency. If a consolidated Contract Order Form is placed under this clause 4.8, Finance or the Agency (as relevant) may elect that the consolidated Contract Order Form result in the formation of: 4.8.1 a single Contract (with multiple Agencies); or 4.8.2 separate Contracts per Agency.

Formation of Contracts. Quotations 4.1 Finance or an Agency may, at any time, issue the Contractor and other contractors enrolled under the relevant Module(s) with a request for quotation (RFQ) for the provision of Deliverables under any one or more Module. 4.2 Upon receipt of a RFQ, if the Contractor wishes to submit a quotation for provision of the Deliverables, it may submit a quotation in writing to Finance or the Agency (as the case may be) by the date specified in the RFQ. 4.3 Finance or the Agency (as the case may be) may negotiate Charges lower than those set out in Schedule 3 - – Attachment 2 (Deliverables and Pricing) for the Contractor's provision of the Deliverables, but the Charges must not be higher than the Charges set out in Schedule 3 - – Attachment 2 (Deliverables and Pricing) for the relevant Deliverables. If Charges lower than those set out in Schedule 3 - – Attachment 2 (Deliverables and Pricing) are negotiated for any Contract, Schedule 3 - – Attachment 2 (Deliverables and Pricing) will be deemed amended to reflect the lower Charges. 4.4 Unless otherwise specified in a Module, Finance requires that all draft Contracts be provided to Finance, prior to execution, for Finance's ’s review and confirmation that the Contracts are formed in accordance with this Head Agreement and are suitable for execution. 4.5 After receiving a quotation under clause 4.2, Finance or the relevant Agency (as the case may be) may invite the Contractor to provide a best and final offer (BAFO) in respect of the Deliverables which are the subject of the quotation. Finance or the relevant Agency (as the case may be) may specify terms and conditions that apply to the BAFO process. 4.6 Upon receipt of an invitation to provide a BAFO, the Contractor must: 4.6.1 provide a BAFO to Finance or the relevant Agency (as the case may be) in accordance with any applicable terms and conditions that apply to the BAFO process; or 4.6.2 reaffirm its quotation submitted under clause 4.2 as being its BAFO. 4.7 Finance or an Agency may place a Contract Order Form with the Contractor for the provision of Deliverables at any time during the Term of the relevant Module. Contract Order Forms may encompass Deliverables from multiple Modules. Note: It is intended that except for Module specific terms the Standard Contract Terms will be the same across all Modules. 4.8 Finance or an Agency may place a Contract Order Form with the Contractor for provision of Deliverables to one or more Agency (including Finance) at any time during the Term of the relevant Module by specifying more than one Agency in the Contract Order Form as the Agency. If a consolidated Contract Order Form is placed under this clause 4.8, Finance or the Agency (as relevant) may elect that the consolidated Contract Order Form result in the formation of: 4.8.1 a single Contract (with multiple Agencies); or 4.8.2 separate Contracts per for each Agency.