WITHIN A REASONABLE PERIOD [ . . . * * * . . . ] AFTER
RECEIVING SUCH A REQUEST FROM NEXTEL, VENDOR SHALL PREPARE AND SUBMIT AN INITIAL
PROPOSAL TO NEXTEL THAT INCLUDES ESTIMATED PRICING AND TIMELINES FOR THE
PROJECT.
IF NEXTEL CHOOSES TO PURSUE ITS REQUEST FURTHER BY RESPONDING TO
VENDOR WITHIN TEN (10) BUSINESS DAYS, VENDOR SHALL, WITHIN A REASONABLE PERIOD,
PREPARE A WRITTEN PROPOSAL THAT:
(A)
ASSESSES THE EXPECTED IMPACT OF SUCH REQUEST ON ANY SERVICES OR
DELIVERABLES THEN BEING PROVIDED HEREUNDER;
(B)
MEETS THE PRICING REQUIREMENTS SET FORTH BELOW;
(C)
DEFINES AND DESCRIBES HOW VENDOR WOULD FULFILL OR SATISFY SUCH
REQUEST, AND DESCRIBES ANY ADDITIONAL SERVICES AND DELIVERABLES TO BE PROVIDED
BY VENDOR PURSUANT THERETO;
(D)
SETS FORTH COST ESTIMATES, SPECIFICATIONS, IMPLEMENTATION PLANS
AND TIME SCHEDULES, WITH APPROPRIATE MILESTONE AND COMPLETION DATES, ANTICIPATED
BY VENDOR IN CONNECTION WITH FULFILLING SUCH REQUEST;
(E)
CONTAINS PROPOSED COMPLETION AND ACCEPTANCE CRITERIA; AND
(F)
SETS FORTH ANY OTHER INFORMATION VENDOR CONSIDERS APPROPRIATE FOR
INCLUSION.
3.9.3.
WITH RESPECT TO ANY REQUEST FOR A FIXED PRICE PROPOSAL, VENDOR
SHALL PROPOSE A FIXED PRICE OR A FIXED RATE PER UNIT OF PERFORMANCE, AS
APPROPRIATE IN EITHER CASE BASED UPON THE BEST RATES VENDOR IS OFFERING TO OTHER
MAJOR CUSTOMERS FOR SERVICES OF A SIMILAR NATURE AND SCOPE.
WITH RESPECT TO ANY
REQUEST FOR A TIME AND MATERIALS PROPOSAL, VENDOR SHALL PROPOSE TO PERFORM AT
THE T&M RATES.
***Certain information in this exhibit has been omitted and filed separately
with the commission.
Confidential treatment has been requested with respect to the omitted portions.
8
3.9.4.
IF NEXTEL SHALL DEEM SUCH PROPOSAL ACCEPTABLE, AND SHALL SO
NOTIFY VENDOR BY A WRITTEN PURCHASE ORDER EXECUTED BY AN AUTHORIZED SIGNATORY OF
NEXTEL.
3.9.5.
AS TO ANY PROPOSED ADDITIONAL SERVICES, VENDOR AGREES THAT
NEXTEL MAY SOLICIT OR ACCEPT BIDS FROM ANY SERVICE PROVIDER THAT IT MAY ALSO
HAVE REQUESTED VENDOR TO PERFORM AND MAY AWARD SUCH WORK TO ANY SUCH BIDDER FOR
ANY REASON.
3.9.6.
IN THE EVENT VENDOR WISHES TO PERFORM ADDITIONAL SERVICES FOR
NEXTEL, IT SHALL NOTIFY NEXTEL IN WRITING OF THE REQUEST AND PROVIDE NEXTEL WITH
A PROPOSAL; THEREAFTER, THE PROCEDURE SHALL BE AS STATED ABOVE.
3.10.
CUSTOMER SATISFACTION AND COMMUNICATION. THE PARTIES SHALL CONDUCT
CUSTOMER SATISFACTION SURVEYS DURING THE TERM IN ACCORDANCE WITH SCHEDULE 3.10.
THE SURVEYS SHALL COVER A REPRESENTATIVE SAMPLE OF THE CUSTOMERS.
NEXTEL SHALL
PROVIDE REASONABLE ASSISTANCE TO VENDOR TO:
(I) IDENTIFY THE APPROPRIATE SAMPLE
OF CUSTOMERS; (II) DISTRIBUTE THE SURVEYS; AND (III) ENCOURAGE PARTICIPATION BY
SUCH CUSTOMERS IN ORDER TO OBTAIN MEANINGFUL RESULTS.
VENDOR'S CONTRACT
EXECUTIVE SHALL REVIEW RESULTS OF THE SURVEY WITH NEXTEL.
THE CUSTOMER
SATISFACTION SURVEY MAY INCLUDE NEXTEL PERSONNEL HOWEVER THE RESULTS OF THAT
SURVEY SHALL NOT INCLUDE NEXTEL PERSONNEL IN CONNECTION WITH THE REQUIREMENTS OR
PROVISIONS OF SCHEDULE 2.4 HERETO.
3.11.
REPORTING.
VENDOR SHALL FURNISH NEXTEL WITH REPORTS IN THE FORM, AND
WITH THE FREQUENCY, AND COVERING THE INFORMATION, DESCRIBED IN SCHEDULE 3.11, OR
IN A NOTICE DELIVERED BY NEXTEL TO VENDOR FROM