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The Request for Proposals Template

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What Can Go Wrongensuring that the ef<strong>for</strong>t to respond is not too costly in comparisonto the value of the contracting opportunity.If a proponent challenges the legality of an RFP process, thegovernment must rely on the terms and conditions built into theRFP template as part of the response the proponent. <strong>The</strong>re<strong>for</strong>e,changing the wording in these templates may remove some of theprotective language developed by Legal Division, and create risksand potential liability to government. If departments believe thatsomething in the templates is not applicable to their project, adviceshould be sought from Legal Division be<strong>for</strong>e changes are made.In addition, departments should avoid taking any actions or makingany decisions during an RFP process that could be construed asproviding an unfair advantage to any proponent, as legalproceedings could result.If the evaluation process is not followed, the departmentresponsible may find itself being challenged by unsuccessfulproponents.

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