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    What verbiage can be included to legally prevent 3rd Party vendors from participating in solicitations?


    Answer

    This response is based on the information provided.  We suggest you discuss with your contracting team, program manager and/or legal department as appropriate. 

     

    First we want to define 3rd Party Vendor.  This question relates to creating solicitations for hotel/conference services.  A 3rd Party Vendor as used for this question refers to an offeror/bidder that is not the hotel/hotel chain itself but an independent contractor that after award contracts with a hotel to provide the required services. 

    The language of a solicitation can require that the contractor have a physical presence at the function.  This is not an unreasonable expectation and not unduly restrictive.  We would suggest the language speak to the physical presence rather than a response time.  Any offeror can agree to a 30 minute response time (or whatever timeframe) and you will only be able to react after the fact (after award/missed performance).

     

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