When I assemble the contract for award, can I simply use the original RFP – deleting Sections K, L and M – and add the contractor’s proposal?
Confusion often arises as to exactly what is included in “the contract.” For that reason, we recommend you avoid the practice of simply incorporating the contractor’s proposal into the contract. Contractor proposals often contain puffery touting the value of their services. Such language is irrelevant to the duties the contractor undertakes as part of the contract and can be confusing when read in connection with the work statement. Ambiguity is a contract weakness that can lead to disputes. In order to avoid ambiguity, unnecessary language should be eliminated from the contract award documents. Note, too, that incorporating the raw RFP into the contract often results in a contract with numerous pages stamped with an RFP number, not the contract number. This practice is sloppy, and can lead to further ambiguity that might be resolved against the NAFI. One way to avoid the problem of contract documents with RFP numbers is to use SNACS, the automated procurement system. SNACS allows for
Related Questions
- If my Project received and award in a prior solicitation, but I did not proceed to contract within the timeframe specified in the RFP Rules, can I still execute the SREC PSA at this time?
- Is this is a recompetition of an existing contract? If so, what is the amount of the original contract award for the base period plus any applicable option years?
- When I assemble the contract for award, can I simply use the original RFP – deleting Sections K, L and M – and add the contractor’s proposal?
