Common use of Question Answer Clause in Contracts

Question Answer. 7 On attachment C: price Proposal, there are limited UNSPSC does and product category descriptions in comparison to the categories defined in the RFP document. Example noted below. Reference Addendum 1, Attachment C: Price Proposal. 2.3.1 Qualification Questions Question 21 requires offerors to agree "to accept all terms and conditions listed in the RFP, draft contract and General Contract Conditions with no exceptions[,]" which appears to indicate that all terms and conditions of these documents are mandatory, and states that proposals will not be considered unless this agreement is indicated. However, RFP § 1.10 provides that the State may accept a deviation of requirements if the Department determines it is in the best interests of the Department or the State to accept the deviation. How should an offeror propose deviations or alternative terms or conditions that the offeror believes will be acceptable to the Department without the Department rejecting the proposal? Reference Addendum 1, Section 2.3.1 Qualification Questions, Question 21. Respondents may propose suggested language to the draft Contract and General Contract Conditions for the Department's consideration, but first must answer yes and agree to all Qualification Questions listed in the RFP.