Common use of Negotiation Phase Clause in Contracts

Negotiation Phase. During the Negotiation Phase, the Department will meet with selected Respondent(s) to negotiate terms of a potential Contract that provides the best value to the Department. During negotiations, the Department and the Respondent(s) will come to agreement on a final scope of services, contract terms, service level agreements, timelines, performance measures, and financial consequences for non-performance. The Respondent must attend negotiations with individuals fully qualified and authorized to negotiate these considerations and enter into a binding agreement on behalf of the Respondent. Upon conclusion of negotiations, the Department may request a Best and Final Offer (BAFO) and the Respondent(s) will submit a BAFO to the Department. The BAFO shall include final pricing and any negotiated assumptions or limitations the Respondent deems material. The Negotiation Team members will review each BAFO individually, then reconvene in a public meeting to discuss the recommended award. The Department will then post its Notice of Intent to Award on the VBS.

Appears in 2 contracts

Sources: Contract, Contract