Government Contracts MonitorBids and ProposalsWhat You Say in Your Proposal Can and Will Be Used Against YouOctober 5, 2015 Preparing a contract proposal can be like writing a story. But while a story involves plot and character development, a proposal instead focuses on how best to explain why the offeror and its product/services are the best response to the agency’s stated needs. In order to be successful, the explanation must include only information that supports the message being conveyed.… Possible Federal Government Shut-Down – Actions to Take NowSeptember 28, 2015 Could it really happen again? Are Congressional memories so short that members don’t recall the high costs and disruption, as well as the public fear, frustration and anger with the last shut-down two years ago? Representative Boehner assured the nation this past Sunday that a shut-down won’t happen, and his unexpected decision to step down towards the end of next month may give him… If You Forget Your Name, It May Be Enough To Know Your CAGE Code and DUNS NumberSeptember 28, 2015 Raymond Express International, LLC protested the award to MPG West, LLC as improper because it was made to an entity that Raymond alleged does not legally exist, Parma Fruit MPG West. Uncertainty as to the identity of an offeror renders an offer technically unacceptable, since ambiguity as to an offeror’s identity could result in there being no party bound to perform the obligations of the… Don’t Let Creativity Prevent You from Delivering the MailSeptember 14, 2015 Creative solutions are often rewarded in Government procurement. However, offerors need to be careful not to let their creativity prevent them from submitting well-crafted proposals that fulfill the requirements of the RFP. Last month’s decision of the Government Accountability Office (GAO) in Viatech, Inc., B-411388 (July 21, 2015) brought home this lesson with “extreme prejudice”. The case… Want Credit For Your Past? Challenge Acceptable/Unacceptable Past Performance Evaluation CriteriaSeptember 14, 2015 Much criticism has been voiced in recent years with respect to the use of acceptable/unacceptable technical evaluation criteria, particularly in the context of lowest-price technically-acceptable (LPTA) procurements. However, a recent decision by the Government Accountability Office (GAO) highlights the even greater problems raised by the use of acceptable/unacceptable evaluation criteria for… Sharpen Your Pencils: DoD Drives Down Prices on GSA Schedule BuysAugust 24, 2015 Claire M. Grady, Director of Defense Procurement and Acquisition Policy, recently issued a Memorandum encouraging the proper use of General Services Administration (GSA) Federal Supply Schedule contracts and offering “focus points and policy clarifications” to Department of Defense (DoD) activities attempting to achieve that goal in the waning months of FY2015. As the Memorandum notes,… How Low Can You Go? Doing the Limbo on PriceAugust 18, 2015 Last week the Government Accountability Office (GAO) sustained a protest where the solicitation called for award of a fixed-price contract, the protester’s quotes were very low, and the agency concluded that protester’s low prices created a risk of unsuccessful performance. According to GAO this was a “no-no” since there was nothing in the evaluation criteria that put bidders on notice… The Fine Line between Clarifying and Discussing Can Be Harder to Draw than It LooksAugust 18, 2015 You might think that there’s a fairly bright line between “clarifications” and “discussions” because the terms are both defined in FAR 15.306. But you would be wrong. The recent decision in International Waste Industries, B-411338 (July 7, 2015) highlights how difficult it can be to apply the distinction outside the pages of the FAR – and the potentially huge impact of missteps in this area. The… Liar, Liar: Can You Prove It? Heavy Burden For “Bait & Switch” ProtestsAugust 10, 2015 A frequent issue in bid protests is the allegation that the awardee engaged in a “bait-and-switch” by proposing key or other personnel that the awardee never intended to use, but listed in order to obtain higher evaluation credit. Protestors often point to the awardee’s advertising for such positions after award, and/or the awardee’s hiring of incumbent personnel not included in the… Changes to a Submitted Proposal Can Take You Out of the RunningAugust 3, 2015 Sometimes, circumstances force offerors to consider making changes to their proposal after it’s been submitted. In some cases, offerors decide they need to go so far as to alter their own structure to address a newly discovered problem. As the recent decision in Task Source/Military Personnel Services Corporation FEPP, LLC, B-411173.3 (July 8, 2015) shows, however, material changes to the offeror… Amending the RFP Through a “Threatened” Pre-Proposal ProtestJuly 6, 2015 You are a small business, and believe you have the inside track on a substantial services contract opportunity. You have prepared your proposal, including pricing, and proposals are due mid-day tomorrow. You know the procurement is proceeding on a fast-track, with scheduled contract start-up in a month. However, the agency has just thrown a monkey wrench into the works by… Once again, the Devil’s in the Details -- and the DocumentsJune 26, 2015 In procurement, even the most seemingly insignificant things can actually rob you of any chance of an award. If you want to win contracts, you need to pay attention to detail. This lesson was driven home once again in the recent Government Accountability Office (GAO) decision in Team Systems International, B-411139 (May 22, 2015). The case involved an Army procurement of… |
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