Understanding

g Federal Contracting
g

US Army Corps of Engineers

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 Agenda
g
 Bidding
g
 Source Selection
► Successful strategies
 Debriefing Process

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 Types
yp of Contracts
 Construction
 Architect-Engineering
 Services
 Supplies

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 Methods of Soliciting
g Work
 Sealed Bid
 Request for Proposal
► Qualifications Based (A-E)
► Trade-Off
► Lowest Priced
Priced, Technically Acceptable (LTPA)

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 Sealed Bidding
 Public bid opening
► Reveal all bid prices
► Reveal Independent Government Estimate
(IGE)
 Price based decision
► Fair and reasonable
 Bidder
Bidd mustt b
be d
determined:
t i d
► Responsive
► Responsible
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Basic Steps & Decisions in Sealed Bidding
1 Yes 2 Yes 3 4 Yes 5

Is there competition,
Is Purchase Will the purchase Small Business, Process under
fully described
Request amount be HUBZone , 8(a) method of
requirements and
adequate? $100,000 or more? SDVOSB Set-aside,? sealed bids
adequate
or
procurement time Invitation to Bid (IFB)
No No
No
Return to Process under
requirements Simplified Process under
agency
g y Acquisition
q method of negotiation
Procedures Yes
10 13

Is potential AWARD
contractor
responsible
Y
Yes
Yes
No

Yes No Yes 11 12
6 7 8 9
If small
Business Will Small
Is IFB complete Prior to opening, Is lowest evaluated
Is bid timely and Business
in all details and will there be bid fair and
responsive Administration
legally changes? reasonable?
issue a certificate
sufficient?
of competency?
No Yes No No No

Continue to Initiate amendment If all bidders fail

process until Consider extending Reject – Go to next lowest bidder to qualify –
complete date of bid opening cancel solicitation
 Brooks Act
The Congress
g hereby y declares it to be the
policy of the Federal Government to publicly
announce …,, and to negotiate
g contracts for
architectural and engineering services on
p
the basis of demonstrated competence and
qualification … at fair and reasonable prices.
Excerpt from Public Law 92-582
92 582

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Basic Steps and Decisions for Architect-Engineer
Purchase Synopsized SF 330’s Pre-
Decision To YES Receipt of
Request pursuant to Sent to Selection
Contract SF-330’s
Made FAR Part 5 Eng. Board
30
No DAYS
Performance
In-House

Project Gov’t
Pre-design
specific Estimate
Mtg
“C” type Prepared

Selection Negotiate Contract

Board RFP to SAT Closeout
Fair & or Final AE
Approved Contractor Contract
Reasonable Task Order Design Evaluation
By DE File
Price Award

IDIQ Proposal
Generic Received &
“D” type Evaluated
Appeal
to DE
 Best Value Defined

Expected outcome of an
acquisition
i iti th thatt provides
id ththe
greatest o overall
erall benefit
in response to the
q
requirement
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 Layman’s
Layman s Terms

“Best
Best bang for the buck”
buck

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 What Does That Really Mean?

This method is chosen when non-cost

non cost
factors are either more important or at
least equal to price

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Basic Steps and Decisions in Best Value
Competition Is RFP Yes
Synopsize Receive
Purchase described Prepare complete
Pursuant to RFP
Request Requirements RFP in all
FAR Part 5 Evaluate
time details?

No
Preparation
p of
Evaluation Criteria Amend
Is critical!

Can award Final

Determine
be made No Competitive
p
Hold Proposal Debrief
without
ith t
Range
Di
Discussions
i R i i
Revisions AWARD unsuccessful
f l
discussions? Received offerors

Yes

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 Source Selection Methods
 Trade
Trade-Off
Off Process (FAR 15.101-1)
15.101 1)
► Complex requirements
► Considers cost AND non-cost
non cost factors
► Required for use of past performance
 Lowest-Priced
Lowest Priced Technically Acceptable
(FAR 15.101-2)
► Non-complex
p requirements
q
► Considers non-cost factors
► Award based on lowest price

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 Procurement Integrity Act
41 USC § 423,
423 FAR 3.104-4
3 104 4
 Three
Th K
Key Provisions:
P i i
► Prohibition on disclosure or obtaining Contractor bid
or proposal information or source selection
information before contract award (applies to
government employees and Contractors)
► Requires
Req ires agenc
agency officials to report emplo
employment
ment
contacts during a procurement (applies to
government employees only)
► Prohibits a group of employees who have participated
in actions over $10 million from accepting
p
compensation from the contractor for one yyear after
participation (applies to government employees only)
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 Procurement Integrity for
S
Source Selection
S l i
 Secure and safeguard
g source selection
information
► Source Selection Plan, evaluation worksheets,
proposal analysis report
► Contractor sensitive info such as: proposals
submitted, both technical and price; offeror’s oral
presentation summaries
 Extends into the post-award period

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 Evaluating Non-price
Non price Factors
 Reflection of the Government’s
Government s confidence
in the offerors’ ability to perform the
requirements
 Annotate strengths, weaknesses and
deficiencies
► Specific
to the evaluation criteria
► Reference
R f details
d t il off th
the proposall

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 Strengths / Weaknesses
 Strength - An aspect of a proposal that
decreases the risk of unsuccessful
contract performance
 Weakness - A flaw in the proposal that
increases the risk of unsuccessful contract
performance
 May
M b be ““significant”
i ifi t” if risk
i k iis significantly
i ifi tl
decreased or increased

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 Deficiency
 A material failure of a proposal to meet a
Government requirement, or a
combination of significant weaknesses in a
proposal that increases the risk of
unsuccessful contract performance to an
unacceptable level.

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 Individual Evaluation
 Reviews submitted material to determine
► DidOfferor submit what was requested?
► Evaluate in accordance with criteria

 DocumentsOfferor’s strengths,
weaknesses,
k and
dddeficiencies
fi i i

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 Consensus Evaluation
 Discuss results of individual review
 Develop consensus rating
► IAW the
th evaluation
l ti factors
f t in
i the
th solicitation
li it ti
 Document in Evaluation Report

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 Evaluation Report

 Describes evaluation process

 Discusses strengths,
g , weaknesses,,
deficiences
 Provides consensus rating

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 Cost / Price Evaluation
 Analyzed IAW FAR 15 15.404
404-1
1
 Fair and reasonable
 C tR
Cost Realism
li
 Adequately reflect an understanding of the
work requirements

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 Exchanges
g with Offerors
after receipt of proposals
 Clarifications
► Toclarify typos or inconsistencies
► Negative past performance

 Communication
► Only
ywhen determining g Competitive
p Range
g
► Negative past performance

 Discussions
► “Meaningful”
► Tailored to each Offeror’s
Offeror s proposal
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 Competitive Range Determination
 Set only when determined discussions are
necessary
 Comprised of the most highly qualified firms
 May limit the number of firms in the competitive
range for purposes of efficiency
 Excluded
E l d d fi firms are notified
tifi d
► May request debriefing

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 Comparative Analysis
 Comparison of the merits of each proposal
 Determination
► Higher price is worth the benefits Government
received
i d iin hi
higher
h ttechnical
h i l proposall
► Lower price is best value for Government in
spite
p of a higher
g technically
y rated p
proposal
p
► Risks to the Government in each proposal

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 Award Decision
 Independent Judgment of the SSA
 Based on comparative analysis
 Consistent
C i t t with
ith evaluation
l ti ffactors
t

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 What do I do first?
 Respond to Sources Sought Notices!!
 Watch FedBizOpps for the synopsis
 Download the solicitation
 Read the solicitation COVER TO COVER
 P particular
Pay ti l attention
tt ti tot
► ProposalSubmission Requirements and
Evaluation Criteria”
Criteria

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 Successful Strategies
 Know Submission Requirements
► Understand requirements
► Breakdown the question
► Address each issue
► Leave no room for evaluator question
q
 Ask when you don’t understand
 Partner with firms that compliment your
qualifications
 Write a winning proposal
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 Write the Winning Proposal
 Tailor your proposal to the requirement
► Adding information beyond what is required
doesn’tt help
doesn
• Pre-printed brochures not desirable
► Not submitting information will hurt
• Do not assume you will be given “credit” for past
success
 Do not simply parrot the RFP

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 Write the Winning Proposal
 Emphasize the strengths of your firm that
solve the Government’s need
 Provide a solution that is linked to past
performance successes
 Get
G t to
t the
th point
i t
► Avoid elaborate and/or drawn-out
explanations
l ti
► Be mindful of the page limitations

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 Write the Winning Proposal
 Provide good past performance
information
► Verify POCs and phone numbers
► Identify the person with the most knowledge
► Let the POC know that they may be called

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 Write the Winning Proposal
 Address performance issues
► Don’t wait for Government to discover
► Explain issue
► Describe steps to resolution
► State the outcome

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 Write the Winning Proposal
 Be specific and quantify
► Provides credibility
 Use bulleted items or lists to highlight
points
 Use an active voice
 Use varying sentence structures and
paragraphs

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 Concluding the Process
 Re
Re-read
read the solicitation
► Ensure that all aspects of the requirements
have been addressed in your proposal
 Make sure your proposal is consistent
► Do not flip back and forth between technical
solutions

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 Addressing Quality
 You are responsible for the Quality of your
proposal
► Make a check list of submission requirements
► Make a cross reference checklist between
submission factors
factors, evaluation criteria and the
Scope of Work to your proposal
► Your proposal will be part of the contract and
is binding
• Quality counts

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 Dotting the II’ss
 Obtain DUNS number from DUN and
Bradstreet
 Register in Central Contractor Registration
(CCR) database
 Complete
C l t online
li RRepresentations
t ti andd
Certifications @ www.orca.gov
 Secure bonding (for construction)
 Ensure financial statements are in order
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 Crossing the T’s
Ts
 Complete the Standard Forms in the
solicitation
 Double check offer
 Submit the best offer the first time
► Do not assume you will be given an
opportunity to conduct discussions or
negotiate
 Submit the offer on time

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 Debriefings
 IAW FOIA
 IAW FAR 15.506
► Pre-Award – Limited information; no price
► Post-Award
Post Award – More information,
information including price
 Late requests for debriefing
► May be conducted at Government discretion
 Mutually beneficial

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 References
 Federal Acquisition Regulation (FAR)
Part 15 and agency supplements.

 Army Source Selection Manual

(Feb 26
26, 2009)
https://www.alt.army.mil/portal/page/port
al/oasaalt/documents/ASSM final 02260
al/oasaalt/documents/ASSM_final_02260
9.pdf

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