Request for Proposals Document with Integrated Agreement - Services or Work

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Introduction

A RFP process may be used for the procurement of goods and services. Among others, public bodies are required by law to proceed so. Some private sector businesses also use this process from time to time on a purely voluntary basis. The RFP process, whether mandatory or voluntary, is made up of two separate transactions. The first operation focuses on the governance of the RFP process while the second operation focuses on the actual transaction for which the RFP is launched. These two separate operations are governed by different legal rules which the parties often confuse. In addition, some RFP documents are drafted in a way which confuses the process and the resulting contract while others make a clear distinction between these two very different documents.

The following document provides the legal, financial and logistical framework of the RFP process (Contract A) and the terms of the resulting construction or service agreement (contract B).

Description

The Request for Proposals Document with integrated agreement for services or work is the instrument that evidences the transaction by which a legal person, referred to as the principal, solicits proposals from other persons, able to provide such services and known as the proponents, in order to receive such proposals to enter into an agreement. The request for proposals document sets out the terms governing the RFP process in addition to establishing the terms of the contract to be entered into pursuant to the RFP, except for the price which must be stated in the various proposals.

Use

We recommend the use of this framework document in two different situations.

First, this document may be used as part of a voluntary RFP, where a person wishes to proceed by public request for proposals for certain services it requires, without being bound by law to obtain the best possible price or to purchase the products and services most suited to its needs.

Furthermore, this document can also be used as part of a mandatory RFP, when a public body is forced, for reasons of economic efficiency and transparency, by the laws governing the procurement process for the services it requires.

This document is the first step in the process of requesting proposals. This document must be made available to businesses that participate in the RFP process. The RFP document is part of a larger process, which should also be established before launching the RFP process.

This document provides the legal, financial and logistical framework for the RFP process, without including the terms of the resulting contract.

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