Rothstein Associates Inc.

THE RFP HANDBOOK: GUIDELINES AND STANDARDS FOR THE PREPARATION AND
ISSUANCE OF REQUESTS FOR PROPOSALS
by Joseph Rosenbaum, Esq.

“A hands on, easy to read, use and customize RFP handbook every Organization and
individual involved in procurement should have. Includes issuance and preparation procedures,
key elements of an RFP, administrative procedures and considerations, business, financial
and technical requirements. Essential legal protections and sample clauses which can be
customized for each acquisition, tailored to your organization. A form repository to be
enhanced and refined over time. A tool to help standardize and streamline one of the most
important formal steps in complex acquisition and contracting processes.

“Have you ever . . .
- needed an easy to use RFP methodology for complex and critical acquisitions?
- wished you had defined your requirements earlier and more comprehensively?
- wanted to ensure your needs were clear and the evaluation process fair?
- looked for tools to help streamline the contract drafting and negotiation process?

“Did you know that . . .
- the more important or complex the acquisition, the more likely a formal process will afford
you more competition, lower pricing and a broader range of alternatives?
- the internal discipline of a formal RFP process is an important step in defining the
functional and operational requirements of an acquisition?
- while many organizations have risk allocation and even contract standards, most have few, if
any, consistently applied methodologies for preparing and issuing an RFP?”

“The RFP Handbook will give you:
- disciplined process for defining and an effective tool for communicating requirements;
- a procedure for integrating business, financial, technical and legal considerations, with
sample materials which can be customized and standardized;
- sample Requests for Quote and Requests for Information; RFP Confidentiality
Non-Disclosure section, with sample forms to help protect information you disclose to
prospective bidders.

“Who needs this manual?
- Business, technology, disaster recovery and operations management who seek a
disciplined, easy-to-use approach to defining, articulating and communicating requirements to
suppliers;
- Lawyers who want to help clients implement a structured process which makes drafting and
negotiating contracts simpler and faster;
- Contracting and purchasing professionals who welcome clearly defined methodologies with
step by step procedures and sample materials;
- Auditors, financial and administrative staff who assist in evaluating and monitor competitive
bidding processes or track contract administration and compliance activities;
- Any organizational professional or advisor concerned with preventing problems, avoiding
disputes and streamlining processes at their inception.”

CONTENTS
License and Registration Information
Table of Contents
About this Handbook
Introduction to the RFP
What Is an RFP?
Why Standardize the RFP Process?
What Are the Ley Elements of the RFP?
What Should Every RFP Contain?
Preparing the Request for Proposal
Some Basic Considerations
Use Clear Language
Use a Structured Approach
Finding Potential Bidders
Using Consultants
Preparing to Issue the RFP
RFPs with Confidential Information
The RFP Issuance Checklist
Building the RFP
Optimizing Your Use of the Guidelines
Section I. Introduction
Section II. Administrative Considerations
Section III Overview
Section IV. Functional & Technical Requirements
Section V. Business & Financial Requirements
Exhibist
Essential RFP Provisions: Consolidated Summary
The Request for Quote (RFQ)
Model Request for Quote
The Request for Information
Model Request for Information
Non-disclosure & Confidentiality Agreements
Model Non-disclosure Agreement
Confidentiality & Proprietary Rights Notices

ABOUT THE AUTHOR
“Joseph I. Rosenbaum, Esq. is in private practice, providing high quality legal counsel and
expertise, and policy and advisory services, to corporate commercial clients at all levels of
executive, staff and line management, as well as to legal departments and law firms. He has
substantial and internationally recognized expertise in all aspects of the law and policy
relating to information technology and electronic commerce, computers, telecommunications
and intellectual property. His experience includes traditional areas of contracts drafting and
negotiation, licensing and commercial transactions, and his practice encompasses such
diverse areas as information security and privacy, audit and compliance, fraud and risk
management, financial and travel related services, continuity and contingency planning. Joe
is also a seasoned expert in intellectual property law relating to technology, as well as
marketing and branding, with experience ranging from global trademark and brand
management to copyrights, patents and trade secrecy matters related to technology.

“Joe was previously corporate counsel to American Express for almost 18 years, most
recently as Senior Counsel, reporting directly to the General Counsel, with legal
responsibilities including all information, data processing and information technology and
electronic commerce, telecommunications, interactive and on-line services, advanced
technology, software licensing and systems development, intellectual property, information
and physical security, procurement and purchasing worldwide. He also spent four years as
an expatriate, based in Toronto, Canada, as Vice President, General Counsel & Assistant
Secretary of American Express Canada.

“Joe currently chairs the Global Networks & Information Technology Committee of the
American Bar Association’s Section of Science and Technology, a member of the Long
Range Planning Committee and a past Council member of the Section. He is also a member
and A.B.A. representative to the National Conference of Lawyers and Scientists of the
American Association for the Advancement of Science. He is on the board of directors of the
National Intellectual Property Law Institute (Washington, DC) and The Business and Society
Alliance Association (New York, NY), both non-profit educational and research corporations.
He serves as a member of the Editorial Board of The DataLaw Report, published by Clark
Boardman & Callaghan and is a qualified and designated mediator for the World Intellectual
Property Organization based in Geneva, Switzerland. Joe writes and lectures extensively and
internationally and is an Adjunct Professor of Law at New York Law School, where he
teaches a course entitled The Law of Computers and Information Technology. Joe also writes
a monthly cyber-column for Business Tech.

1996, 48 Pages Order #DR-223

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