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Guidelines for Prospective Suppliers

Summary

The Legato Guidelines for Prospective Suppliers contain procedural and policy requirements that apply to all prospective Suppliers for Legato.

Legato may modify these Guidelines at any time. Suppliers will receive notice of such modifications via the Legato Supplier Relations Website. Supplier is solely responsible for ensuring Supplier’s compliance (including any subcontractor’s compliance) with the most current Guidelines.

Expectations for Prospective Supplier Responses to Legato Requests for Proposals (“RFPs”)

Legato shall provide its Request for Proposal (RFP) documents to those prospective and current Suppliers from whom it wishes to entertain bids on the provision of certain products and/or services. Generally, the RFP documents shall: (1) outline the current requirements of the Legato project; and (2) encourage Suppliers to respond in writing to the request with a proposal to meet the stated requirements.

The RFP is not an offer to contract but rather an attempt to establish a common framework within which an agreement may be reached. In contrast, responses submitted by a Supplier to the RFP shall be deemed a firm offer to contract for the provision of products and/or services, pursuant to the terms and conditions described in the Supplier’s response. Legato may accept the proposed terms and conditions, or may request modifications based upon business needs. Suppliers may not be accepted for further consideration should their proposal fail to fully comply with the specifications set forth in the RFP document.

Competitive Bidding

Legato encourages free and open competition among Suppliers. Whenever possible, specifications, bid invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy Legato’s needs and the accomplishment of a sound economical operation. The Supplier's signature on its proposal guarantees that the prices quoted have been established without collusion with other eligible Suppliers or informed parties and without effort to preclude Legato from obtaining the lowest possible competitive price. At no time shall Legato be considered to be under any obligation or commitment to purchase any proposed product or service from any respondent to the RFP until after a contract has been entered into. The award will be made to the Supplier whose overall proposal is determined to be the most advantageous to Legato.

Proposal Submission

Supplier shall be solely responsible for all costs incurred in the preparation and presentation of a proposal in response to the RFP. To ensure that all Suppliers are fairly evaluated, the proposal must comply with any formatting requirements noted in the RFP documents. Failure to comply with such requirements may result in Legato’s disqualification of the Supplier’s proposal. The RFP documents shall indicate the appropriate mailing or electronic address for submission of responses.

Proprietary Information

All data and information contained in a Supplier’s proposal shall be deemed to be non-proprietary unless specifically marked and a non-disclosure agreement has been executed by both Legato and the Supplier. Supplier is not encouraged to submit such data or information unless such is absolutely required to understand and evaluate Supplier’s proposal. If such data and information is submitted, Supplier agrees that Legato shall not be liable for disclosure of such data and information if same:

Ownership of Documents

All supporting documentation submitted by a Supplier with a proposal in response to an RFP or with a proposed statement of work shall become the property of Legato, unless the supplier specifically requests in writing that the documentation be returned. These materials may be appended to any formal documentation, which further defines or expands the contractual relationship between Legato and the Supplier.

Publicity

Any publicity with regard to the proposal, future contract negotiations and/or subsequent installation, whether in the form of brochures, releases or verbal announcement may be made only with the express prior written consent of Legato.

Neither the proposal nor any ensuing contract will confer on any party any right to use the name "Legato." or any of its related, affiliated or subsidiary companies in any advertising, publicity or promotion or other disclosures, or to express or imply any endorsement of supplier's products or services, or in any manner or for any purpose whatsoever.

Supplier Code of Conduct

Legato has established a set of company standards, business practices and regulatory requirements (collectively, the “Supplier Code of Conduct”), by which all Legato Suppliers must abide, while they are conducting business with and/or on behalf of Legato. The Supplier Code of Conduct is located under the “Policies” section of the Legato Supplier Relations website:

and is in addition to any specific obligations pursuant to Supplier’s agreement with Legato.

The Supplier is responsible for ensuring that their employees and subcontractors understand and adhere to the Supplier Code of Conduct. Legato reserves the right to request immediate removal/termination of any Supplier (or Supplier’s employee, agent or subcontractor) who has behaved in a manner that is unlawful or n breach of the obligations imposed by the Supplier Code of Conduct.