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    In reference to this previously asked question and answer. And FAR 13 applies. What if within that purchase order the vendor's quote number is referenced, as many vendors request that we include this either in the CLIN or Block 28/29(SF1449). Does that then mean the government is accepting the vendors terms and conditions if the quote number is referenced?


    Answer

    If the quote number is referenced and the order does not change and terms and conditions in the quote, then clearly the vendor's terms and conditions become part of the Government's order (offer). If the quote number is referenced but the Government changes the terms and conditions in order/offer from what was in the original quote, then it would be difficult to argue that the vendor would be accepting anything other than the revised terms and conditions on the Government's purchase order.

    Communication is key. Unlike a bid in accordance with FAR Part 14, quotes do not have to match the solicitation exactly in order to be considered. Quoted terms and conditions can change and be negotiated. Of course, competing vendors must be provided an equal opportunity to respond to material changes in what the Government is willing to accept.

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