Government Contracts MonitorSolicitations / Proposal PreparationMagic Words Are Not Always Required to Fulfill Solicitation RequirementsFebruary 29, 2016 Preparing a responsive proposal requires reading and understanding the solicitation requirements and then meeting them -- as clearly and unambiguously as possible. The most direct and least risky way to craft such a response is to adopt whatever method of compliance the solicitation suggests (or requires). But, as the recent decision in Penn Parking, Inc., B-412280.2 (February 17, 2016) makes… When the Government Buys Commercial Items, Don’t Forget You Can Demand Terms Consistent with Customary Commercial PracticeFebruary 9, 2016 The Government’s statutory preference for acquiring commercial items that meet an agency’s needs comes with the requirement that, to the maximum extent possible, contracts for the acquisition of those items include only clauses that are consistent with customary commercial practice. In other words, if the Government buys commercial items, it is supposed to use commercial contract terms if it can.… Play the Hand You Dealt Yourself: FSS Schedule Holders Cannot Change Their Labor Category Descriptions to Meet Specific Task Order ProcurementsFebruary 3, 2016 Procurements based on federal supply schedule (FSS) contracts can be tricky -- for the Government agencies conducting them as well as the contractors hoping to win a contract. The ease with which such contracting efforts can go sideways is particularly evident in the recent decision in AllWorld Language Consultants, Inc., B-411481.3 (January 6, 2016). The decision makes clear a fundamental rule… Words Matter: Your Proposal Must Be Clear and ConvincingJanuary 11, 2016 If you want to win contract awards, your proposal needs to clearly and persuasively explain why you are the right choice. The words you choose matter, as does the way you arrange them. Indeed, as the recent Government Accountability Office (GAO) decision in Federal Acquisition Services Alliant Joint Venture, B-411842.2 (November 9, 2015) starkly demonstrates, sloppy syntax, grammar, and… If the Agency Gives You a Chance to Explain Your Proposed Costs, Take ItDecember 7, 2015 Agency comments during discussions often articulate a weakness or deficiency. Sometimes, however, the Government is also simply asking questions – identifying specific issues that should be addressed – and affording an offeror the opportunity to explain its proposal. When that happens, contractors need to be ready to capitalize on that opportunity to explain, but not always necessarily to change,… Knowing and Meeting Solicitation Requirements, Part IINovember 30, 2015 A recent article addressed the dangers of “aspirational analysis”, the dynamic in which offerors interpret a solicitation as saying what they want it to say rather than recognizing what it actually requires. A slightly different version of the problem is highlighted by the decision in Aerostar Perma-Fix TRU Services, LLC, B-411733; B-411733.4 (October 8, 2015), where the protester… GAO Sustains Ambiguous Specification Challenge After Agency Refused to ClarifyNovember 16, 2015 A recent Government Accountability Office (GAO) decision emphasizes a point that we have often urged – namely, that if you are unclear what an agency requires as set out in its solicitation (1) you need to seek clarification from the agency, and (2) if the agency refuses or fails to provide adequate clarification, you need to protest before the next solicitation closing date. The problem with… Proposal Preparation: Make Clear Your Proposed Personnel Are AvailableNovember 10, 2015 Two recent decisions by the Government Accountability Office (GAO) highlight the importance of making clear, in your proposal, that your proposed staff and key personnel are locked-in and will be available and ready to go at the start of the proposed effort. This is particularly so where the solicitation requires express availability commitment letters. In each of these cases the offeror… FSS: Items Not on Your Schedule? No Problem – Just Add Them!October 26, 2015 It has long been the rule that all items quoted and ordered in a Federal Supply Schedule (FSS) task order competition under FAR Part 8.4 must be on the vendor’s schedule contract at the time the order is awarded. However, a recent Government Accountability Office (GAO) decision clarifies that the critical moment is literally the task order award date, and not the offer or any other… Make Sure Your Interpretation of the RFP Takes All the RFP Language into AccountOctober 26, 2015 Whether preparing proposals or contemplating a protest, offerors sometimes fall into the trap of reading the solicitation’s requirements with a slant that favors the offeror’s proposed solution. It’s all too easy to focus on the solicitation language that readily aligns with the offeror’s proposal – and ignore other portions of the requirements that do not fit as well. The recent decision in C&S… 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… 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… |
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