Improper Communications and Contacts Clause Samples
The Improper Communications and Contacts clause prohibits parties from engaging in unauthorized or inappropriate communications during a specified process, such as a bidding or procurement procedure. Typically, this clause restricts participants from contacting certain individuals, like evaluators or decision-makers, outside of approved channels, and may outline consequences for violations, such as disqualification. Its core function is to ensure fairness and transparency by preventing undue influence, favoritism, or the appearance of impropriety in the process.
Improper Communications and Contacts. The following rules of contact shall apply during the procurement for the Project, which began upon the date of issuance of this RFQ and will be completed with the execution of the P3A. These rules are designed to promote a fair and unbiased procurement process. Contact includes face-to- face, telephone, facsimile, electronic-mail (e-mail), or formal written communication. The specific rules of contact are as follows:
(a) After submittal of QSs, no Proposer or any of its team members may communicate with another Proposer or its team members with regard to the RFP or either team’s QS and Proposal, except that team members that are shared between two or more Proposer teams may communicate with their respective team members so long as those Proposers establish a protocol to ensure that the subcontractor will not act as a conduit of information between the teams (contact among Proposer organizations is allowed during TxDOT-sponsored informational meetings);
(b) The Proposers shall correspond with TxDOT regarding the RFQ and RFP only through TxDOT’s and Proposer’s designated representatives;
(c) Commencing with the issuance of this RFQ and continuing until the earliest of (i) award and execution of the P3A, (ii) rejection of all Proposals by TxDOT or (iii) cancellation of the procurement, no Proposer or representative thereof shall have any communications regarding the RFQ, RFP or the procurement described herein with any member of the Commission or any Commission staff or aides or with any TxDOT staff, advisors, contractors or consultants involved with the procurement or Project, except for communications with TxDOT consultants who have completed their services for the Project and been released by TxDOT, communications expressly permitted by the RFQ or RFP or except as approved in advance by the Director of the Strategic Projects Division, in his/her sole discretion. The foregoing restriction shall not, however, preclude or restrict communications with regard to matters unrelated to the RFQ, RFP or the procurement or from participating in public meetings of the Commission or any public or Proposer workshop related to this RFQ or the RFP. Any Proposer engaging in such prohibited communications may be disqualified at the sole discretion of TxDOT;
(d) The Proposers shall not contact stakeholders regarding the Project, including employees, representatives and members of the entities listed below, except as specifically approved in advance by TxDOT in writing or as...
Improper Communications and Contacts. The following rules of contact apply during the procurement for the Project, effective as of the date of issuance of this RFQ through the execution of the P3 Agreement. These rules are designed to promote a fair, unbiased, legally defensible procurement process. Additional rules or modifications to these rules may be issued by ADOT in connection with the draft RFP process and in the RFP. Contact includes face-to-face, telephone, facsimile, electronic mail (e-mail), or formal written communication, either directly or indirectly by an agent, representative, promoter, or advocate of a Proposer. The ADOT Procurement Manager will serve as the primary point of contact during the RFQ procurement, unless otherwise notified.
Improper Communications and Contacts. Proposers are required to conduct the preparation of their QSs with professional integrity and free of lobbying activities. Proposers and their respective agents and consultants are not permitted to contact, directly or indirectly, any member of the Commission, TxDOT’s administration, TxDOT’s staff or TxDOT’s consultants identified in Section 1 regarding the subject matter of this RFQ after the issuance date of this RFQ, except as specifically permitted hereby or approved in advance by the Director of the Texas Turnpike Authority Division or his designee. Any verified allegation that a responding Proposer team or team member or an agent or consultant of the foregoing has made such contact or attempted to influence the evaluation, ranking, and/or selection of shortlisted Proposers may be cause for TxDOT to disqualify the Proposer team from submitting a QS, to disqualify the team member from participating in a Proposer team and/or to discontinue further consideration of such Proposer team and to return its QS. Following shortlisting, TxDOT anticipates that certain communications and contacts will be permitted and the RFDP and/or other written communications from TxDOT will set forth the rules and parameters of such permitted contacts and communications. To the extent any Proposer intends at any time to initiate contact with the general public regarding the Project, the nature of such intended contact and the substance thereof must be approved in writing by TxDOT prior to the commencement of such activities.
Improper Communications and Contacts. The following rules of contact apply during the procurement for the Project, effective as of the date of issuance of this RFQ through the execution of the Contract. These rules are designed to promote a fair, unbiased, legally defensible procurement process. Additional rules or modifications to these rules may be issued by ADOT in connection with the draft RFP process and in the RFP. Contact includes face-to-face, telephone, facsimile, electronic mail (e-mail), or formal written communication, either directly or indirectly by an agent, representative, promoter, or advocate of a Respondent.