Legal
Proposal & RFP Disclaimer
Last updated: May 30, 2026
This Proposal & RFP Disclaimer addresses matters that are specific to preparing proposals and responses to Requests for Proposals, Requests for Quotation, Invitations to Tender, and similar solicitations. It explains the realities of competitive bidding, clarifies the boundaries of our role, and sets out what you remain responsible for. It forms part of our Terms of Service and complements our Service Disclaimer.
01Outcomes are never guaranteed
Competitive procurement is, by design, uncertain. Even a well-researched, well-written, fully compliant proposal can lose. We do not guarantee that any proposal or RFP response we help prepare will win, be shortlisted, achieve a particular score, or be funded. We focus on maximizing the clarity, compliance, and persuasiveness of your bid; the decision belongs to the evaluator.
02Factors outside our control
Many decisive factors in a bid are entirely outside our control, including:
- Your pricing and commercial terms relative to competitors;
- Your qualifications, certifications, capacity, and past performance;
- The number, strength, and pricing of competing bidders;
- The evaluation criteria, weightings, and scoring methodology used by the buyer;
- Incumbency, existing relationships, internal preferences, and budget;
- Changes, clarifications, or cancellation of the opportunity by the issuing organization.
We help you put your best foot forward against these factors, but we cannot change them.
03Accuracy of representations
A proposal contains representations about your business — your experience, capabilities, certifications, references, and pricing. You are solely responsible for ensuring that every statement in your submission is accurate, truthful, and not misleading, and that you can deliver what you promise. We draft based on what you tell us and do not independently audit or verify your claims. Misrepresentation in a bid can carry serious consequences, and those consequences rest with you.
04Eligibility and qualification
You are responsible for confirming that you are eligible to bid for, and qualified to perform, the opportunity in question, including any registrations, licenses, certifications, set-aside categories, bonding, insurance, or other prerequisites. We do not determine your eligibility, and preparing a proposal does not imply that you qualify.
05Compliance review is yours to finalize
We work to address the requirements contained in the solicitation materials you provide. However, solicitations are often long, technical, and subject to amendment. Before submission, you are responsible for performing a final compliance check against the complete, current solicitation — confirming page limits, formatting rules, required forms and attachments, mandatory certifications, submission method, and deadline. A proposal can be disqualified for a technical non-compliance regardless of the quality of its content.
06Amendments and addenda
Issuing organizations frequently publish amendments, addenda, questions-and-answers, or clarifications that change requirements or deadlines. You are responsible for monitoring the opportunity for such updates and for informing us promptly so we can adjust the work. We are not responsible for the effect of amendments we were not made aware of in time.
07Deadlines and submission responsibility
Unless your Engagement Agreement expressly provides that we will submit on your behalf, submission is your responsibility. This includes uploading to the correct portal, completing buyer-side forms, attaching all required documents, and submitting before the deadline. Procurement portals can be slow or unforgiving near a deadline; we recommend submitting well ahead of time. We are not liable for late, incomplete, or rejected submissions.
08Pricing decisions are yours
We may help you present pricing clearly and structure a price narrative, but the pricing itself — your rates, margins, discounts, and commercial strategy — is your decision and your responsibility. We do not set your prices and do not advise on the commercial wisdom of a given price level.
09Debriefs, protests, and disputes
If you are unsuccessful, you may be entitled to a debrief or, in some procurements, to challenge a decision through a formal process. Pursuing a debrief, protest, challenge, or appeal is your decision and may require legal advice. We do not provide legal representation or procurement-law advice, and we are not responsible for the conduct or outcome of any such process.
10Confidentiality of opportunity materials
Some solicitations restrict how their materials may be shared or used. By providing solicitation documents to us, you confirm that you are permitted to share them with a third-party adviser for the purpose of preparing your response. We handle such materials in line with our Confidentiality Policy.
11Templates require adaptation
Proposal templates we provide are generic frameworks. A template is never automatically compliant with a specific solicitation and must be adapted, completed, and checked for each opportunity. Submitting template content without proper tailoring and compliance review is done at your own risk.
12Limitation of liability
To the fullest extent permitted by law, we are not liable for any loss of a contract, opportunity, revenue, or profit, or for any other loss, arising from an unsuccessful, disqualified, late, or non-compliant bid. Our liability is limited as set out in our Terms of Service. Fees are earned for the preparation work performed, irrespective of the outcome of the bid.
13Changes to this disclaimer
We may update this Proposal & RFP Disclaimer from time to time. The "Last updated" date above reflects the most recent revision. Your continued use of our Services after an update constitutes acceptance of the revised disclaimer.
14Contact
If you would like to discuss how this disclaimer applies to a specific opportunity, please contact us using the details below before we begin work.
Contact us
Questions about this policy? Reach the WinRate Proposals team using the details below.
Fisherville, KY 40023