COVID-19 supply chain disruptions and how suppliers and service
providers have handled such disruptions have prompted procurement
teams to reconsider whether business should be shifted away from
suppliers that have performed unsatisfactorily during the pandemic.
In this connection, the request for proposal
(“RFP”) process continues to be a
valuable tool for buyers of goods and services to evaluate new
supply and service solutions. There is no better time to consider
whether a buyer's RFP approach, and the form contracts
submitted with the RFPs, can be improved.
When a buyer has control of the RFP process, it is in a
favorable position to negotiate aspects of a contract that may have
been glossed over in the pre-pandemic world. A few provisions
that buyers should pay particular attention to going forward are
force majeure, termination for convenience, and
suspension.
