Government Contracts MonitorBids and Proposals44 Minutes Is Not Much Response Time, But It Can Be EnoughApril 19, 2018 One of the first things offerors look for upon receipt of a new solicitation is the response due date. Given the critical importance of timing to the proposal preparation process, offerors are naturally disappointed when the amount of time allowed is shorter than they think necessary. In cases where an offeror believes the response time is so short that it robs them of the opportunity to… If You Think Some Corrective Action Is Overly Restrictive, You're RightFebruary 15, 2018 In general, when a procuring agency responds to a protest by taking corrective action, the Government Accountability Office (GAO) does not object to the specific corrective action, so long as it is appropriate to remedy the concern that caused the agency to opt for corrective action. The recent GAO decision in Castro & Company, LLC, B-415508.4 (February 13, 2018) reminds us, however, that… If an "Exact Product" Is Required, Make Sure You Clearly Offer OneJanuary 10, 2018 Faithful readers of the Government Contracts Monitor have been repeatedly reminded of an offeror’s responsibility to submit a well-written quotation clearly demonstrating its ability to comply with the solicitation’s requirements. (Here, for example.) Unfortunately, protesters continue to lose protests because of the failure to submit adequate offers. The recent Government Accountability Office… If the Agency Throws You a Lifeline, Grab It!December 7, 2017 Most contractors are familiar with the Far Part 15 discussions process during which the procuring agency identifies significant weaknesses and deficiencies in the proposals of the offerors in the competitive range. The procedure is intended to help those offerors improve their proposals so that the Government has the best possible options to choose from. In order to take advantage of the… When Relying on Technology, Trust but VerifyNovember 1, 2017 Usually, the failure to timely submit a proposal to a procuring agency results from poor planning, administrative error, or a lack of proper attention to detail on the part of the offeror. But sometimes the “failure” to meet the proposal submission deadline is largely beyond the offeror’s control. As the Government Accountability Office (GAO) decision in the recent case of ManTech Advanced… Provide What The Government Wants, Not What Makes Sense to YouOctober 19, 2017 When preparing proposals and responding to discussion questions, offerors sometimes unconsciously respond to solicitation requirements and agency comments from a normative perspective, providing the information they believe “makes sense” rather than the information the agency has actually requested. It seems that this dynamic may have contributed to the circumstances considered by the Government… Regardless of Whether You’re Responsible, Did You “Deliver the Mail”?September 7, 2017 Sometimes small business offeror’s lack of success in a competitive procurement results from questions about whether it is “responsible” (i.e. has the ability to perform). When a small business’ proposal is found unacceptable due to a responsibility-related issue, the procuring agency must refer the matter to the Small Business Administration (SBA), which has the ultimate authority to determine… Cost Realism Analysis Sets a High Bar for EveryoneJune 27, 2017 Effective communication of all sorts requires attention to detail, accuracy, and clarity. Simply put, words matter. In many contexts, numbers matter too. And while some circumstances may call for the use of generalization, puffery or creative ambiguity, proposal preparation calls for a more straightforward approach. As the recent Government Accounting Office (GAO) decision in AdvanceMed… Mindful Negotiation and Consistency in Quoting Can Help Fend Off Misguided Evaluators on FSS ProcurementsJune 13, 2017 For many contractors, the process of obtaining or renewing a Federal Supply Schedule (FSS) contract is a loathsome chore only slightly less painful than repeatedly sticking needles in one’s eyes. Firms with this attitude often “go along to get along”, choosing the path of least resistance between them and their coveted Schedule contract. As a result, they might get their contract sooner but they… Proposals Must Provide Clear Answers That Leave Agency Evaluators with No QuestionsMay 31, 2017 In the 1967 film, Cool Hand Luke, the Captain famously says to the inmates, “What we’ve got here is failure to communicate.” All too often, the same could be said to describe the issue at the core of protest decisions. A common theme running through many such decisions is a lack of effective communication that leads to poor ratings that in turn sink proposals. The recent Government Accounting… GAO Holds Low Price Technically Acceptable (LPTA) Award Improper Under Best Value ProcurementApril 11, 2017 Bid protestors frequently complain that an agency improperly converted a “best value” procurement into a Low Price Technically Acceptable (LPTA) procurement by awarding to the low-priced offeror, notwithstanding the existence of higher-rated, albeit higher-priced, proposals. Such protests seldom prevail, due to the wide discretion afforded source selection officials to select a lower-priced,… Not Every Apparent Evaluation Inconsistency Will Be Found UnreasonableApril 5, 2017 Many protests result from a perception of unfairness based on an agency action the protestor considers unreasonable. This certainly makes sense, as an unreasonable action or decision by the agency is one of the things that can lead the Government Accountability Office (GAO) to sustain a protest (assuming the protestor was prejudiced). Offerors must remember, however, that reasonableness is in the… |
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