As we discussed in part one, a request for proposal (RFP) is a rendition of a bid proposal wherein owners request that contractors furnish a comprehensive report of solutions to help them jumpstart a project. The level of detail required for the successful completion of an RFP varies from project to project, but typically, it’s a requisite for contractors to take on the attitude of a completionist as they outline their approach to the proposed project.
The good news is that contractors who win contracts after completing an RFP will usually have a fully formed strategy for taking on the project. The bad news is that failing to provide the correct information could limit your ability to secure the contract. Fortunately, a Jacksonville construction attorney from Cotney Construction Law can review your RFP and ensure that you are taking all the right steps to maximize your chances of landing the contract. Now, we will continue to discuss important considerations related to RFPs including what to do about unrealistic requests for information and how to deal with other contractors in a competitive bidding situation.
One of the main reasons why contractors should consult a Jacksonville construction lawyer before completing an RFP is that an RFP, once submitted, could be considered an offer. In other words, by furnishing an RFP, you could find yourself locked in a contract you didn’t intend to take on just yet. Reneging on your response to an RFP could lead to a rejected bid or even a breach of contract. This can be avoided by having a Jacksonville construction lawyer review your RFP prior to submission.
Some RFPs may ask the contractor to furnish a list of subcontractors, project superintendents, and more. This might not be a realistic expectation depending on the details of the project. For instance, if the owner is seeking RFP responses six months ahead of breaking ground, providing this list may not be possible due to scheduling conflicts and project overlap. Furthermore, providing the owner with such a list could result in a contractual conflict if, six months later, these workers are unavailable. Contractors should be transparent with owners, even if it threatens their chances to procure a contract. Providing a list of workers and then exchanging it at the last minute could lead to a breach of contract. You don’t want to initiate a project with a dispute, so it’s best to avoid a misunderstanding altogether. Therefore, before you supply the owner with a list of subcontractors and their bids, consult a Jacksonville construction litigation attorney. In a competitive bidding situation, concealing your list of subcontractors until after you have been awarded can prevent the owner from attempting to usurp your subs for use by another competing firm.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.