Term: Draft Contract

An RFP section that lays out the proposed terms and conditions under which the Work will be contracted. Sometimes open for discussion through the question and answer (Q&A) process, but unilateral rejection of any term or condition by a bidder at the time of submission is usually considered grounds for finding a proposal non-compliant. 

The draft contract should not include any response instructions (as in, nothing of this sort: “Bidders shall submit a draft plan with their proposal…”) or any Work that is not also included in the SOW. Regrettably, it sometimes does contain response instructions or Work (this latter either implicit or explicit) or both. Should be reviewed carefully for this errant content.

See also “contract.”

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