In a contract by negotiation, when does the offer occur?

In a contract by negotiation, the offer occurs when the contractor proposes terms. This is the point at which a contractor initiates the negotiation process by presenting specific terms and conditions that they are willing to work with. The act of proposing terms signifies the contractor's intent to enter into a contractual agreement, setting the stage for further discussions and modifications.

In negotiations, the initial proposal by the contractor is not binding until accepted by the other party, but it is the starting point of the negotiation process. It allows for back-and-forth discussions and adjustments to any proposed terms, which is the essence of a negotiated contract. The subsequent reviews or modifications from the government or further back-and-forth discussions are part of the negotiation process that may refine the initial terms but do not constitute the initial offer itself.

This understanding is fundamental because it highlights the active role of the contractor in initiating the terms of engagement, reflecting the nature of negotiated contracts where flexibility and dialogue are key components.