The Minnesota Chapter
of the National Institute
of Governmental Purchasing, Inc.

-Established 1981-


PROPOSED CONTRACT TERMS

This section should either contain a proposed contract or address contract issues in either a general or specific manner.

Consider attaching a completed contract, ready for signature with a paragraph similar to the following:

Proposed Contract

Attached to the bid documents is the contract the county desires to execute with the successful bidder.  The bidder must identify any contract changes and additions which are requested or desired by the bidder before execution of the contract.  Changes and additions suggested must be specific.  Changes to the contract must be referenced to section or paragraph number.  Any required change that is not acceptable to the county will result in the rejection of the bidder's proposal.  Therefore, bidders may wish to identify contract clauses as desired rather than required.  Excessive changes and additions, or references to the bidder's "standard contract" will be considered non-responsive.

If no contract is attached, then include "boiler plate" terms and add a sentence such as:

If awarded the Bid, Bidder will be required to enter into a contract with provisions that same or similar to the following:

Include terms which address the following (as appropriate):

bulletterm of contract
bulletforce majeure
bulletwarranties/guarantees
bulletright to terminate
bulletroyalties/patents/copyright
bulletnon-appropriation
bulletpayment terms
bulletremedies/liquidated damages
bulletdefinition of acceptance
bulletmodifications
bulletchoice of law/venue
bulletseverability
bulletperformance bond
bulletnon-discrimination
bulletindemnification/insurance
bulletdata privacy
bulletsubcontracting
bulletrecords retention

 

 

39

Continue to Page Forty