When you are responding to a Request for Quote (RFQ) through your GSA Schedule, you will notice that each quote may have its own terms, conditions or clauses – some may not even match the terms, conditions and clauses set forth in your GSA Schedule.

It can be difficult to know which terms and conditions to follow — Do you go by your GSA Schedule’s terms and condition? Or do you go by what is set forth in the quote or solicitation?

Two Former DOD contractors, Brad deMers and Brad Powers, have taken the initiative to try and shed some light on a “best practice” when it comes to setting precedence. They speak from experience and have provided suggestive language that can be added to your RFQ response to set precedence on what terms and conditions take precedence on a task order. The ex-DOD contractors make clear that, “this language is merely a best practice and not a GSA policy”. Find their document titled “Terms and Conditions Order of Precedence Document” for their suggested language. It states that during the event of an inconsistency between terms and conditions in different documents, the following order of precedence will apply:

  1. Contract name and number (e.g. MOBIS CONTRACT GS-10F-XXXXX)
  2. Task Order Statement of Work
  3. Task Order Attachments, drawings, etc. associated with the Statement of Work
  4. Contractor’s Task Order Quote

Only under rare circumstances can the language in the task order take superiority over the language in the contract and in these cases it will be clearly indicated on the task order award.

If your RFQ response exceeds the minimum performance requirements of the RFQ SOW, your response will be considered the new minimum performance requirement.

If you have any questions regarding the awarding process of contractual agreements, feel free to contact us.

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