The Material Disclosures section should be used to disclose:
- Information about the contemplated contract that could influence a bidder’s decision to bid
- Information about the contemplated contract that could influence a bidder’s quoted price
- Unusual or dangerous conditions relating to the contemplated contract
Some examples include:
- Hidden site dangers
- Site conditions that could impact bid price
- Past contract volumes
- Implied performance requirements
Please note: In some cases, a material disclosure may be a unique piece of information that doesn’t appear elsewhere in your RFX document. In other cases, however, it may be a particularly important item from the Description of Deliverables or the Contract Legal Terms and Conditions that you want to emphasize. If so, you should include the item in both locations, using a cross-reference if desired, rather than removing it from the other section in order to add it to Material Disclosures.
Read more about the purchaser’s disclosure duty on the Procurement Office blog.
Drafting Tips
- Insert each material disclosure under the most appropriate deliverable category. If it applies to more than one deliverable category, it can be repeated or cross-referenced.
- Draft using full sentences, e.g. “Proponents should be aware that…”, “All bidders should familiarize themselves with the attached …”.