Government Contracts MonitorSolicitations / Proposal Preparation44 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 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… New Year's Resolutions, 2018January 3, 2018 Reassess Your Size Status, Update Your DSBS and SAM Listings, Check Your Past Performance Ratings, and Update Your Employment Policies, Handbooks and Postings Happy New Year! The start of a new year is the time for New Year’s Resolutions. Here are several we strongly urge you to follow-through on early in 2018. 1. Reassess Your (and Any Subcontractors’) Small Business Size Status: Most companies… 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… Surprise: An Agency Can Base Its Specs on Your Competitor’s Product as Long as the Specs Accurately Reflect the Agency’s NeedsAugust 10, 2017 Given the oft-repeated mantra of “full and open competition”, contractors are understandably alarmed when a procuring agency defines its requirements in a way that essentially tracks another company’s product offerings. The recent Government Accountability Office (GAO) decision in Simplex Aerospace, B-414566.2, (August 8, 2017) reminds us that “full and open competition” does not guarantee a… 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… Short Take: NAICS Code Appeals: Timeliness Is Paramount, But Appeal Based on Presolicitation Notice Is PrematureMay 9, 2017 As we have discussed previously, timing is everything in filing North American Industry Classification System (NAICS) code appeals at the Small Business Administration (SBA)’s Office of Hearings and Appeals (OHA). This is because NAICS code appeals must be filed within a relatively short 10 calendar days after issuance of the initial solicitation, per 13 C.F.R. § 121.1103(b)(1). OHA strictly… |
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