Common use of Offeror Exceptions to Terms and Conditions Clause in Contracts

Offeror Exceptions to Terms and Conditions. ‌ 3.11.1 The Lead State discourages exceptions to the terms and conditions in the RFP, including the exhibits and attachments. Exceptions may cause a Proposal to be rejected as non-responsive when, in the sole judgment of the Lead State (and its sourcing team); the Proposal appears to be conditioned on exceptions or correction and would require a substantial Proposal rewrite to correct. In addition, exceptions to the mandatory requirements are not permitted. 3.11.2 In the sole discretion of the Lead State, exceptions may be evaluated to determine: the extent to which the alternative language or approach poses unreasonable, additional risk to the Lead State; is judged to inhibit achieving the objectives of the RFP; or whose ambiguity makes Evaluation difficult and a fair resolution (available to all Offerors) impractical given the time- frame for the RFP. 3.11.3 Offerors should identify or seek to clarify any problems with contract language or any other document contained within this RFP through their written inquiries about the RFP using the process that is outlined in Subsection 3.2.