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Contractor Submission to a BOA solicitation: Quotation or Offer?

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#1 jad


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Posted 05 April 2012 - 07:46 AM

Perhaps I am splitting hairs on this one, but when I do something I'd prefer to do it properly and understand what I'm doing and why I'm doing it the way I'm doing it. Also, doing it right doesn't really take any more effort than doing it wrong. And to be clear, I have comparatively little experience with Agreements in general, so I apologize if I'm coming off as a dunderhead.

I am nearly certain that a contractor's response to a BOA (not a contract) is treated as a quotation. To borrow from the definition in FAR 13.004(a), Legal Effect of Quotations: "A quotation is not an offer and, consequently, cannot be accepted by the Government to form a binding contract. Therefore, issuance by the Government of an order in response to a supplier’s quotation does not establish a contract. The order is an offer by the Government to the supplier to buy certain supplies or services upon specified terms and conditions. A contract is established when the supplier accepts the offer."

However, for me "nearly certain" isn't quite good enough. I've seen some agencies treat responses as quotes, others as offers/proposals. Probably in most cases they are calling it whatever the heck they want without any further thought.

I appreciate any wisdom you can provide on this subject.

#2 Vern Edwards

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Posted 05 April 2012 - 09:10 AM

I assume you mean that you have a BOA (basic ordering agreement) and you want to issue an order and have asked the contractor to provide you with information you need in order to place the order. You want to know whether to call the contractor's response an offer or a quote.

The answer is that you can ask for an offer or a quote and use the proper term accordingly.

#3 jad


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Posted 05 April 2012 - 09:15 AM

Yes, we are planning to place an order on a sole source basis under another agency's BOA.

Thank you for your response. It appears that I was overthinking it all along.

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