Pre-qualification Business Document

Pre-qualification Business Document

Parties and Identifying Information

Client Name:

Recitals

WHEREAS, Client Name: seeks to evaluate the capabilities and qualifications of the Pre-qualifying Business identified above for potential engagement under the terms set forth in this document; and

WHEREAS, Pre-qualifying Business Name: attests to the accuracy of the representations, certifications and information provided herein; and

WHEREAS, the parties desire to establish the conditions, documentation and criteria by which the Pre-qualifying Business will be considered for contracting, procurement or other commercial engagements, effective as of the date: .

Business Profile and Certifications

Sole Proprietorship    Partnership    Corporation    LLC    Other:

General Liability Coverage Amount: $    Professional Liability Coverage Amount: $

Insurance Certificates Provided: Yes    Professional Licenses Attached: Yes

Scope of Work

The Pre-qualifying Business shall be evaluated for the ability to perform the following categories and tasks. Provide an explicit description of capabilities, limitations, typical deliverables, and staffing commitments for each proposed category.

Payment Terms

The parties acknowledge that this Pre-qualification Document is primarily administrative; however, where advance payments or deposits are required for pre-qualification testing or demonstrations, such payments will be governed by the following terms:

Term and Termination

The term of pre-qualification under this document commences on Start Date: and expires on End Date: unless earlier terminated in accordance with this section.

Either party may terminate this pre-qualification process for convenience by providing written notice no fewer than days prior to the effective termination date. Termination for cause may be effected immediately where the other party breaches a material obligation and fails to cure such breach within a commercially reasonable period.

Confidentiality

Each party acknowledges that in the course of the pre-qualification process it may receive Confidential Information of the other party. "Confidential Information" means non-public business, technical or financial information disclosed in writing or orally and designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Each party agrees: (a) to hold Confidential Information in confidence using at least the same degree of care it uses to protect its own confidential information, but not less than reasonable care; (b) not to disclose Confidential Information to any third party except to those employees, contractors or agents who have a need to know and who are bound by confidentiality obligations no less protective than those herein; and (c) to use Confidential Information only for the purpose of evaluating or performing the pre-qualification and related limited activities.

Representations and Certifications

The Pre-qualifying Business certifies that the information provided in this document and any attachments is true, complete and not misleading. The undersigned further represents that the business is not debarred, suspended or otherwise ineligible for contracting under applicable laws or regulations.

Certification: Financial statements required: Provided    Insurance proof: Provided    Licenses: Provided

Governing Law; Entire Agreement

This Pre-qualification Business Document shall be governed by and construed in accordance with the laws of the state of without regard to conflict-of-law principles. Any dispute arising from or related to this document shall be resolved by courts of competent jurisdiction in that state.

Entire Agreement: This document, together with any attachments specifically referenced and executed by the parties, constitutes the entire agreement between the parties with respect to pre-qualification and supersedes all prior negotiations, understandings and communications, whether written or oral, concerning the subject matter hereof.

Miscellaneous Provisions

Severability: If any provision of this document is held invalid or unenforceable, the remainder of this document shall remain in full force and effect. Waiver of any breach shall not constitute a waiver of any subsequent breach.

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