Common use of Proposal Exceptions Clause in Contracts

Proposal Exceptions. ‌ Please return the Proposal Exception Summary Form at the end of this section with all exceptions to items in any Section of this RFP listed and clearly explained or state “No Exceptions Taken.” If exceptions are noted in the Exceptions column of the Specifications Response Matrix, the Vendor is not required to note those items on the Proposal Exception Summary Form. If no Proposal Exception Summary Form is included nor exceptions noted on the Specifications Response Matrix, the Vendor is indicating that he takes no exception to any item in this RFP. 69. Unless specifically disallowed on any specification herein, the Vendor may take exception to any point within this RFP, including a specification denoted with “shall” or “must,” as long as the following are true: 69.1. The specification is not a matter of State Law; 69.2. The proposal still meets the intent of the RFP; 69.3. A Proposal Exception Summary Form and/or exception noted on the Specifications Response Matrix is included with Vendor’s proposal; and, 69.4. The exception is clearly explained, along with any alternative or substitution the Vendor proposes to address the intent of the specification. 70. The vendor has no liability to provide items to which an exception has been taken. MSOS has no obligation to accept any exception. During the proposal evaluation and/or contract negotiation process, the Vendor and MSOS will discuss each exception and take one of the following actions: 70.1. Vendor shall withdraw the exception and meet the specification in the manner prescribed; 70.2. MSOS will determine that the exception neither poses significant risk to the project nor undermines the intent of the RFP and will accept the exception; 70.3. MSOS and the Vendor will agree on compromise language dealing with the exception and will insert same into the contract; or 70.4. None of the above actions is possible, and MSOS either disqualifies the Vendor’s proposal or withdraws the award and proceeds to the next ranked Vendor. 71. Should MSOS and Vendor reach a successful agreement, MSOS will sign adjacent to each exception which is being accepted or submit a formal written response to the Proposal Exception Summary and/or Specifications Response Matrix responding to each of the Vendor’s exceptions. The Proposal Exception Summary and/or Specifications Response Matrix, with those exceptions approved by MSOS, will become a part of any contract made under this RFP. 72. An exception will be accepted or rejected at the sole discretion of the State. 73. The State desires to award this RFP to a Vendor with whom there is a high probability of establishing a mutually agreeable contract, substantially within the standard terms and conditions of the State’s RFP, including the Standard Contract in Attachment A. As such, Vendors whose proposals, in the sole opinion of the State, reflect a substantial number of material exceptions to this RFP, may place themselves at a comparative disadvantage in the evaluation process or risk disqualification of their proposal. List and clearly explain any exceptions, for all RFP Sections and Attachments, in the table below. If the Vendor has taken exception to any items in Attachment B – Specifications Matrix, they may indicate that exception in the appropriate column on the Specifications Response Matrix. Reference specific outline point to which exceptionis taken. Page, section, items inVendor’s proposal whereexception is explained Short description of exception being made 1.