What does it mean when an RFP says:
Negotiation Delay: If a written Contract cannot be negotiated within thirty days of notification of the successful Proponent for a specific project, the Client may, at its sole discretion at any time thereafter, terminate negotiations with that Proponent and either negotiate a Contract with the next qualified Proponent or choose to terminate the project opportunity and not enter into a Contract with any of the Proponents.
This is generally in the Request for Proposals' Administrative section. This condition is an 'out' for the buying organization if they are unable to negotiate with the highest scoring proponent. Negotiations could drag on forever if the RFP wasn't clear in its scope or didn't include contract terms and conditions, etc. To avoid delaying a project or stalling it completely due to a deadlock in negotiations, the buying organization can go to the next highest proponent or cancel the process altogether after 30 days of negotiations.
CAVEAT: I am not a lawyer and this isn't legal advice. The buying organization would still need to verify with their lawyer whether they could invoke this clause - the negotiations may be delayed due to inability to schedule meetings or if they are 'almost' at an agreement, it may not warrant dropping the lead and going elsewhere...
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