Escalating Nonstandard Legal Terms During an Asset Management RFP

An RFP may include language resembling a contract long before a finalist is selected. The RFP lead should flag those terms and avoid silently accepting them in a narrative response. Their contribution is to preserve the exact request, identify its place in the process, and connect the prospect and internal reviewers through the right channel.

A procurement director says, “Please confirm you accept the indemnity clause in Appendix C.” The RFP lead can say, “We will review the clause through our authorized legal process. Is this confirmation required for proposal eligibility, or is it intended for finalist negotiation?” Once the director explains the timeline, the lead records the clause reference, response deadline, and prescribed method for exceptions. They then ask legal to provide approved language before any response goes out.

Do not rewrite a legal term in plain language and call it accepted. Do not imply that a commercial team can waive or agree to a term. If the RFP permits clarification questions, ask whether the provision is negotiable and when revisions will be issued. Keep the prospect’s original wording attached to the internal review request so reviewers assess the actual obligation.

For coaching, give a rep an appendix containing one familiar provision and one unusual one. The rep should explain the escalation path without sounding evasive. A reviewer can check whether they captured the clause, process stage, owner, and due date. Good RFP coordination makes legal review visible early enough to protect both the submission and the future relationship.