The following text is present in PERSUIT's template library. Client users may wish to adapt this while developing their own templates. It is also worth considering whether this boilerplate language should exist as an attachment on the request, in order to focus the drafting lawyers' and firms' attention on the matter-specific RFP content. Talk to your customer success manager to learn more.
*Amend/Remove as applicable
Timeline
Please refer to the critical dates set out at the top of this RFP*.
Please ask any clarification questions via the external messaging channels at least 48 hours prior to the proposal due date.
Any time extensions will be explicitly noted. If no extensions are indicated, all proposals are due at the time and date originally specified.
*Note that the auction will automatically extend by 5 minutes if a price revision occurs within the last 5 minutes of the auction closing period - see FAQ section for more details.
Binding Offer
Responses constitute a complete and binding offer for a period of 180 days from submission.
The Company, at its sole discretion, has the right to accept all, some or none of the law firm’s proposal unless the law firm indicates in its proposal that its offer is contingent on the acceptance of all or certain parts of its proposal.
By submitting a proposal, the law firm agrees that it is fully capable and willing to provide the services required and represents and warrants that it will be bound by its responses to this RFP and any modifications to such response as agreed upon in writing.
No Volume Commitment
The Company makes no commitments, either implied or otherwise, that this process will result in a new business transaction with any law firm. If, after selection of a preferred firm, that firm is unable to perform the work in a timely manner, Company reserves the right to select a new firm for subsequent matters.
Term
Once the Company accepts a proposal from your firm in the PERSUIT platform, such fees shall be in effect and shall not be changed for the duration of the matter without the written consent of the Company.
Costs
All costs or expenses incurred by law firms in preparing a response to this RFP and providing any additional information requested to facilitate the evaluation process are the sole responsibility of the law firm. The Company will not reimburse for any such costs.
Right to Terminate RFP
The Company reserves the right to terminate the RFP process at any time prior to awarding bids and makes no commitments, either implied or otherwise, that this process will result in a new business transaction with any law firm.
The Company reserves the right at any time, in its sole discretion, to accept any or all proposals in whole or in part, negotiate with any law firm, or cancel this RFP (in whole or in part) in the event the Company determines that it is in its best interest to do so.
Confidentiality
By submitting a response, your law firm agrees not to make public in any way, or discuss verbally, in writing, or through electronic forms of communication, with any third party, any aspect of this project initiative including the existence of this RFP, that may be revealed to the law firm as a result of participation in any part of the RFP process or the underlying project initiative itself.
Company data that, as a result of this project or the bidding process, may come into the temporary or permanent possession of the law firm remain the property of the Company or its applicable Affiliate and are to be considered privileged and highly confidential. Such data and information includes this RFP, and all information and materials relating to the business and processes of the Company and Affiliates. Such data and information may not be used for any purpose other than that for which they are supplied to the law firm without the express written permission of the Company.
The Company will treat your responses as confidential, although the Company reserves the right to discuss your proposal with Affiliates and to employ one or more consultants to assist in analyzing the responses. Any such consultant(s) will be bound to the Company under non-disclosure agreement(s).
Communication, Clarification Questions, and Attempts to Influence
During the bidding process, all requests for clarification or requests for data related to this RFP must be submitted in writing via the private messages channel to facilitate and ensure fair distribution and record-keeping of information. Failure to comply with this requirement may be cause for disqualification.
Contacting personnel from the Company in order to obtain information, create a favorable impression, sell, exert influence, or circumvent the sourcing process is prohibited.
Evaluation Criteria
Firm proposals will be evaluated holistically and the Company is not obligated to select the lowest bidder.
Existing Rates
No Proposed rate for this matter should exceed the existing, Company approved rate for any timekeeper, and no rate will be approved unless submitted and approved through Company rate card process. We would encourage you to consider providing more discounted rates for this matter as price will be an important factor in our evaluation process.
Format
Please ensure that you answer each of the questions asked in the answer fields provided on the PERSUIT platform. DO NOT answer the questions in a separate document and then say 'See Attached Document'. Should you answer this RFP in that way, you risk your answers not being reviewed and you being disqualified from the RFP.
Billing Guidelines
The law firm must be able and willing to comply with the Company Outside Counsel Management and Billing Guidelines attached hereto. If, after receipt and review of the Policies and Requirements within the time allotted, the law firm is unable or unwilling to agree that, if selected, it will comply with the Policies and Requirements, the law firm must immediately notify Company and withdraw from the bidding process unless both parties otherwise agree to any exceptions in writing.
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