Vermont Negotiating and Drafting Transaction Cost Provisions

State:
Multi-State
Control #:
US-ND1208
Format:
Word; 
PDF
Instant download

Description

This form provides boilerplate contract clauses that make provision for how transaction costs, both initially and in the event of a dispute or litigation, will be handled under the contract agreement. Several different language options are included to suit individual needs and circumstances.

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FAQ

Except for the acquisition of commercial items, agencies must allow at least a 30-day response time for receipt of bids or proposals from the date of issuance of a solicitation, if the proposed contract action is expected to exceed the simplified acquisition threshold.

Through the use of the competitive proposal solicitation form, the government solicits offers from prospective contractors. After the receipt of such offers, the procedure permits bargaining, and usually affords an opportunity for offerors to revise their offers before award of the contract.

Key contract negotiation elements refer to the substance to what the parties negotiate over: the agenda, the issues (positions and ? more helpfully ? interests), the options, and the agreement(s) reached at the end. Another view of negotiation comprises four elements: strategy, process, tools, and tactics.

At a minimum, the solicitation must state whether all evaluation factors other than cost or price, when combined are: Significantly more important than cost or price; ? Approximately equal to cost or price; or ? Significantly less important than cost or price.

Procurement Negotiation Basics Both parties typically discuss pricing, payment, delivery date, and timeline. Ideally, the negotiations should consider the best options for both parties to build strong relationships that lead to long-term business. Ultimately, this creates a win-win result for both parties.

The review process for an RFP is typically longer than those of IFBs. RFP processes, for example, often include additional interviews and/or negotiations for short-listed vendors, whereas an IFB will generally award its contract to the lowest qualified bidder. Which is Right for You?

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Vermont Negotiating and Drafting Transaction Cost Provisions