Also known as: Requests for Proposal · Requests for Proposals · RFP
Written by attorneys · grounded in primary & secondary sources — see below
A solicitation issued by a government agency or other procuring entity that sets forth specifications, requirements, and criteria for the submission of competitive proposals to provide goods or services.
Alec learned that a city arts commissioner would form a panel to select counsel for a public art investigation. He organized a donation drive for the commissioner while his firm submitted a proposal in response to the council's request for proposal. The timing and client solicitations raised questions whether the contributions were made to obtain consideration for the engagement.
The Coalition Authority issued a request for proposal for airport services. Custer Battles responded and later entered a firm-fixed-price contract that did not specify a fixed number of personnel. Performance under the resulting agreement was later evaluated for compliance with the original solicitation terms.
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A request for proposal invites competitive submissions that remain subject to further negotiation or selection criteria, whereas a quotation may constitute an offer if it manifests present intent to be bound. Courts examine whether the recipient had reason to know further assent was required before any bargain would arise.
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The process must be free from influence based on political contributions and must select based on experience, expertise, professional qualifications, and cost. A formal multi-official committee applying objective criteria following the request for proposal satisfies the exception.
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Yes, when officials agree to structure specifications so that only a favored vendor qualifies, the agreement pursues an unlawful objective contrary to public welfare even if no separate crime is committed. The common law reaches coordinated efforts that undermine open competition in public contracting.
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