Negotiated Procedure Clause Samples

The Negotiated Procedure clause defines a process by which parties can engage in direct discussions to reach an agreement on contract terms, rather than following a standard or open bidding process. Typically, this clause allows the contracting authority to invite selected suppliers to negotiate specific aspects such as price, delivery, or technical requirements, often in situations where the complexity or uniqueness of the contract makes open competition impractical. Its core function is to provide flexibility in procurement or contracting, enabling tailored solutions and potentially faster agreements when standard procedures are not suitable.
Negotiated Procedure. The contracting authorities invite simultaneously and in writing the tenderers of their choice to negotiate the terms of the contract. The written communication shall be the means by which the contracting authorities make known their intention to launch procurement procedures. In negotiated procedures the number of candidates invited to negotiate shall not be less than four. In any event, the number of candidates invited shall be sufficient to ensure genuine competition.
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Negotiated Procedure. This may be used in cases where the open or restricted procedures are not considered appropriate. The procedure is most likely to be used in cases where the requirement is difficult to fully specify, the requirement does not permit prior overall pricing, or where best value is likely to be achieved. In any of those circumstances, the Chief Financial Officer of the Chief Constable may decide to use the negotiated procedure in consultation with the Chief Financial Officer of the PCC. Public notice is required in accordance with 3.5 unless an exemption applies. A pre-qualification questionnaire is normally issued to all those expressing interest. An invitation to negotiate is only issued to those successful after pre-qualification.
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Negotiated Procedure. 17.1 Under a negotiated procedure the grant recipient may approach one or more suppliers to negotiate a contract directly. 17.2 A negotiated procedure may only be used where no tenders or no acceptable tenders are received after an open tender procedure. A negotiated procedure may then be applied without further publication of a procurement notice provided that the original contract terms are not substantially altered. 17.3 An unacceptable tender is a tender that significantly deviate from the procurement requirements, is not delivered within the set deadline, is delivered by a supplier who does not meet the qualification requirements, or where there is evidence of illegal bid collusion or corruption.
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Negotiated Procedure. This procedure for letting of a Contract may be adopted by a Head of Service with prior written approval of the City Solicitor and in consultation with the appropriate Cabinet Member with Portfolio. Advice on using this procedure and the circumstances in which it is appropriate should be sought from the Contracts Unit.
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Negotiated Procedure. This negotiated procedure shall be the exclusive procedure available to the Union and the employees in the bargaining unit for resolving such grievances except as provided in Section 11.5 of this Article.
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Negotiated Procedure. This may be used in cases where the open or restricted procedures are not considered appropriate. The procedure is most likely to be used in cases where the requirement is difficult to fully specify, the requirement does not permit prior overall pricing, or where best value is likely to be achieved. In any of those circumstances, the Chief Financial Officer of the Chief Constable may decide to use the negotiated procedure in consultation with the Chief Financial Officer of the PCC. Public n o t i c e i s r e q u i r e d in accordance with 3.5 unless an exemption applies. A pre-qualification questionnaire is normally issued to all those expressing interest. An invitation to negotiate is only issued to those successful after pre-qualification.
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Related to Negotiated Procedure

  • NEGOTIATION PROCEDURE 3.1 On or before September 1 of the prior year in which this agreement is to expire either party may initiate negotiations in accordance with RSA 273:A. The parties shall meet not later than September 15th, at which time the Association shall submit its proposals, unless another date is mutually agreed to by the parties. 3.2 The Negotiating Committee of the Board and the Negotiating Committee of the Association shall have authority to reach a complete agreement, subject to ratification by the Board and the qualified voting members of the Association covered by this Agreement. 3.3 Any agreement reached shall be reduced to writing and signed by the Board and the Association. Any agreement reached which requires the expenditure of additional public funds for its implementation shall not be binding on the Board, unless and until the necessary appropriations have been made by the Annual School District Meeting. The Board shall make a good faith effort to secure the funds necessary to implement said agreements. 3.4 If, after discussion of all negotiable matters, the parties fail to reach agreement, either party may declare impasse. In the event of impasse, the rules and procedures for “Resolution of Disputes” as outlined under RSA 273: A-12 shall be followed. 3.5 The cost for the services of the mediator and/or fact finder including per diem expenses, if any, will be shared equally by the Board and the Association. 3.6 Determinations and/or recommendations under the provision of Section 3.4 of this Article III will not be binding on the parties in accordance with RSA 273: A 3.7 If the monies to fund the economic provisions are not appropriated as provided in this Article III, Section 3.3 and/or if either party rejects the recommendations set forth in this Article III, Section 3.6, then the parties shall do the following: A. The appropriate party shall notify the other party of its intent to renegotiate the provisions of this Agreement, and: B. If either negotiating team rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the full membership of the employee organization and to the Board of the public employer, which shall vote to accept or reject so much of his/her recommendations as is otherwise permitted by law. C. If either the full membership of the employee organization or the public employer rejects the neutral party’s recommendations, his/her findings and recommendations shall be submitted to the legislative body of the public employer, which shall vote to accept or reject so much of his/her recommendations as otherwise is permitted by law. D. If the impasse is not resolved following the action of the legislative body, negotiations shall be reopened. Mediation may be requested by either party and may involve the Board of the public employer if the mediator so chooses. 3.8 The parties may, by mutual agreement, pass over mediation and go directly to fact finding. 3.9 Neither party in any negotiations shall interfere with the selection of the negotiating or bargaining representatives of the other party.

  • Evaluation Procedure 9.1.1 The District retains the responsibility for evaluation and assessment of performance of unit members subject only to the following procedural requirements. No grievance arising under this Article shall challenge the content of the evaluation; any grievances shall be limited to a claim that the following procedures have been violated. 9.1.2 Probationary status unit members shall be evaluated at least once each school year. Permanent status unit members shall be evaluated at least once every two (2) school years. If a unit member is scheduled to be evaluated, but has been granted a leave of absence of one (1) semester or longer, such evaluation may take place during that school year, or upon determination by the Superintendent may take place during the next school year. The prior sentence does not preclude observations at any time. The unit member to be evaluated and the supervisor, with the written consent of the Superintendent, may in writing waive any evaluation during any school year. 9.1.3 The classified evaluation form is attached as Appendix “F”. 9.1.4 Each unit member to be evaluated shall be observed as determined by the Superintendent or designee during the year of evaluation. Prior to any negative ratings/evaluations of permanent status unit member’s annual evaluation, the immediate supervisor shall discuss with the employee within ten (10) working days of learning of any matter which may warrant placement of an entry into the employee’s evaluation. 9.1.5 The final written evaluation of the unit member shall be completed on or before thirty (30) days prior to the last pupil attendance day. No such evaluation shall be based on events which cannot be investigated. Such evaluation shall include specific performance deficiencies and recommendations for improvement. A final evaluation conference shall be scheduled within the same time lines. 9.1.6 Unit members have the right to respond in writing at any time on any evaluation topic during the evaluation process. Provided such written response is received by the District within five (5) working days of date of the document to which the unit member is responding. 9.1.7 Within ten (10) calendar days after receipt of the evaluation the unit member may prepare a written response to the evaluation and the evaluation shall be placed in the unit member's personnel file if received within said ten (10) days.