RFP Drafting: Nailing Down Negotiations


Is your procurement process best served by a solicitation process that ends with negotiations, or with ‘snapping up’ the winning proposal as presented?  Does your solicitation document say you have the right to do either, or both?  As a procurement professional, it is important to recognize what options are appropriate and how to structure those options to avoid subsequent challenges to the fairness of your process, while still ensuring that you receive maximum value.  If you intend to enter into significant negotiations with proponents, ensure you consider this in the planning stage and build those explicit rights into your RFx.

Learning Objectives

  • Review the three most common approaches to RFx-related negotiations.
  • Explore BAFO, consecutive and concurrent negotiations.
  • Analyze sample right-to-negotiate clauses in solicitation documents.
  • Discuss recent, relevant cases that will help you understand alternative negotiating strategies and steps.


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