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RFP (Request for Proposals)

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REQUEST FOR PROPOSALS (RFP)

Date of Issue:
___________________

Client Name:
______________________

Contact Name:
______________________

Contact Phone:
______________________

Contact Email:
______________________


DISLCAIMER: This RFP is issued for informational and evaluation purposes only. Submitting a proposal in response to this RFP does not create any binding contractual obligations between the parties. Any agreement between the parties shall only be valid upon the execution of a formal contract.

  1. BACKGROUND
  2. ______________________, the hiring company under this RFP (the "Client"), is a leading provider in the ______________________ sector and is seeking proposals from qualified contractors in the construction sector to enter into a future service contract (the "Service Contract") for the performance of specific works outlined in this RFP.
  3. Project Details
  4. The Client is seeking proposals under this RFP for the following project (the "Project"):
    1. Project Name: ______________________
      Project Location: ______________________________
  5. Objectives
  6. The Client's objectives in relation to the Project are as follows:
    1. _______________________________________________________________
      _______________________________________________________________
      _______________________________________________________________

  7. Deliverables
  8. The Client is seeking the following deliverables from contractors in relation to the Project:
    1. _______________________________________________________________
      _______________________________________________________________

  9. RFP Process Timeline
  10. The proposal process will be comprised of the following key dates or deadlines:
    1. Date RFP issued: _______________
  11. Non-Binding
  12. This RFP does not create a binding agreement between the Client and any contractor. The Client reserves the right to reject any or all proposals or to award the contract to any contractor they deem suitable, irrespective of proposal ranking or evaluation. By submitting a proposal, contractors acknowledge that no contract is formed, and the Client is under no obligation to enter into an agreement. The terms of the Service Contract will supersede any provisions in this RFP.
  13. In the event that a contractor wishes to withdraw its submitted proposal prior to acceptance by the Client, the contractor can do so immediately by providing written notice to the Client, unless otherwise specified in the RFP or agreed upon by both parties.
  14. Confidentiality
  15. Confidential information (the "Confidential Information") refers to any data or information disclosed by either party which would reasonably be considered private or proprietary, including but not limited to business plans, financial records, customer information, intellectual property, and trade secrets, and which is not generally known in the industry or to the public. Confidential Information also includes any materials submitted by the contractor as part of the proposal process.
  16. Confidential Information does not include information that is available to the public other than through the receiving party’s actions or inactions; information that is rightfully received from a third party, legally in possession of it; and information that is independently developed by a party without the use of the Confidential Information.
  17. The recipient of Confidential Information agrees to keep the Confidential Information confidential and not divulge it to any third party without the express written consent of the disclosing party, except as required by law; and to use the Confidential Information solely for the purposes of evaluating the proposal and engaging in the RFP process (for the Client) or preparing and submitting the proposal (for the contractor).
  18. The obligations of confidentiality will apply from the time the RFP is issued and survive indefinitely unless otherwise agreed upon in writing.
  19. Ownership of Intellectual Property
  20. Any intellectual property materials, including but not limited to designs, proposals, documents, or other materials provided by the contractor to the Client under this RFP shall remain the exclusive property of the contractor until the acceptance of the contractor's proposal by the Client. Upon acceptance of the proposal, the ownership and rights to such materials will be addressed and determined in the subsequent Service Contract, which may include provisions for the transfer of rights, licensing, or usage as agreed between the parties.
  21. The Client is granted a limited, non-exclusive, non-transferable license for the duration of the RFP process to use the intellectual property materials provided by the contractor solely for the purpose of evaluating the proposal and for purposes directly related to the RFP. This license does not grant the Client any rights to use, modify, or distribute the materials beyond the scope of evaluating the proposal and engaging in the RFP process. The contractor retains all ownership rights to the intellectual property, and the Client agrees not to use the materials for any other purpose without the contractor's prior written consent.
  22. Return of Property
  23. Upon the expiration or termination of this RFP or the Service Contract, or upon request of the other party, the receiving party shall return or destroy any property, documentation, records, or Confidential Information which is the property of the other party.
  24. In the event that this RFP is terminated by the contractor prior to acceptance, the contractor will be entitled to recovery of any materials or equipment which is the property of the contractor or, where agreed between the parties, to compensation in lieu of recovery.
  25. Capacity/Independent Contractor
  26. In providing the services under this RFP and the Service Contract it is expressly agreed that the contractor is acting as an independent contractor and not as an employee. The contractor and the Client acknowledge that this RFP and the Service Contract do not create a partnership or joint venture between them, and are exclusively contracts for service. The Client is not required to pay, or make any contributions to, any social security, local, state or federal tax, unemployment compensation, workers' compensation, insurance premium, profit-sharing, pension or any other employee benefit for the contractor at any time. The contractor is responsible for paying, and complying with reporting requirements for, all local, state and federal taxes related to payments made to the contractor under this RFP and the Service Contract.
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