Contractor Submission to a BOA solicitation: Quotation or Offer?
Posted 05 April 2012 - 07:46 AM
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.
Posted 05 April 2012 - 09:10 AM
The answer is that you can ask for an offer or a quote and use the proper term accordingly.
Posted 05 April 2012 - 09:15 AM
Thank you for your response. It appears that I was overthinking it all along.
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