3-RFP WCU 2603091013 - Appendix C - Exceptions to Contract Terms and Conditions.pdf

This document is an Appendix C form from the Pennsylvania State System of Higher Education (PASSHE) outlining the process for offerors to submit exceptions to standard contract terms and conditions for state and local contracts. The form requires offerors to document any proposed modifications, deviations, or contingencies to PASSHE's contract terms, along with detailed explanations for why modifications are necessary. Offerors must provide their company name, principal place of business address, contact information including name, title, email, and telephone number, and the relevant solicitation number and title. The State System has established that certain contract terms are non-negotiable and cannot be modified, including provisions related to limitation of liability, hold harmless clauses, nondiscrimination, sexual harassment policies, background checks for minors, mandatory reporting requirements, contractor responsibility and integrity, right of offset, right-to-know law compliance, and applicable Pennsylvania law. Additionally, the State System prohibits contract clauses involving arbitration, assignment, attorney's fees, court costs, entry of judgment, indemnity provisions, choice of law in jurisdictions outside Pennsylvania, payment in advance, and insurance payment requirements.

Offerors are required to submit any requested contract modifications in a structured table format identifying the section number, section title, proposed modification, and the reason for the modification. The document explicitly states that offerors are deemed to have accepted standard contract terms and conditions unless expressly noted in their proposal, and while PASSHE will consider alternative language, the State System will not be bound by contract language provided by prospective providers. If an offeror requires that the State System be bound by proposed contract language, the proposal may be deemed nonresponsive and subject to rejection. This appendix is dated January 2026 and serves as a critical component of the RFP submission process, ensuring clarity and consistency regarding contract expectations between PASSHE and its contractors.