GAO sustained this protest because the Department of Justice failed to conduct meaningful discussions with protester where it did not reasonably advise the protester of agency’s real concern with protester’s quotation–that evaluators considered its project schedule to be too short. Agency’s request during discussions that protester submit a new project schedule as part of its final revised quotation did not reasonably convey to the protester that the evaluators viewed its proposed schedule as too aggressive, particularly given that a period of over a year had elapsed between submission of initial quotations and submission of final revised quotations.

The bid protestor also prevailed because GAO found that the agency evaluation of quotations received in response to solicitation for establishment of a blanket purchase agreement for an automated Freedom of Information Act system and associated services failed to demonstrate that the evaluation was reasonable and even-handed.

When an agency engages in discussions with a vendor, the discussions must be “meaningful,” that is, sufficiently detailed to lead the vendor into the areas of its quotation requiring amplification or revision. Honeywell Tech. Solutions, Inc., B-400771, B-400771.2, Jan. 27, 2009, 2009 CPD ¶ 49 at 10. Click here to read entire GAO bid protest decision.

As a government contractor, you should also ensure that you ask affirmative questions. You have an obligation to seek clarification. This can help to build your record in the event of a bid protest.  However, realize that the agency is not required to spoon feed each bidder. Instead, the agency is supposed to raise critical issues regarding your proposal.

Contact Watson & Associates’ lawyers for additional questions or bid protest representation at 1-866-601-5518.

From GAO

WASHINGTON, DC (February 16, 2011)  — The U.S. Government Accountability Office (GAO) today released the biennial update to its list of federal programs and operations at “high risk” for waste, fraud, abuse, and mismanagement or needing broad-based transformation.

Gene L. Dodaro, Comptroller General of the United States and head of the GAO, announced that the Interior Department’s management of oil and gas resources has been added to the high-risk list.  At the same time, Dodaro noted that two issues—the Department of Defense’s (DOD) personnel security clearance program and the 2010 Census—had been dropped from the list because of sufficient progress in addressing past vulnerabilities.  As a result of these changes, a total of 30 programs and operations are on GAO’s 2011 high-risk list.

“Although oil and gas resources represent  one of the  largest sources of revenue for the federal government, it’s far from clear that  Interior has been collecting all the funds to which the American people are  entitled.  I am hopeful that the addition  of this area to the high-risk list will encourage the Department to successfully  make fundamental changes to enhance its ability to carry out its important mission,”  Dodaro said.

The Comptroller General released the 2011 list (GAO-11-278) at a bipartisan briefing on Capitol Hill with leaders of the Senate Homeland Security and Governmental Affairs Committee and the House Oversight and Government Reform Committee.

Dodaro observed that a number of areas that remained on the high-risk list had shown improvement, although not enough to drop the high-risk designation.  “We at GAO will continue to work with Congress and the Administration to help hasten progress,” Dodaro said. Read more

If you are claiming small business status, then you must comply with the NAICS standards a set forth by the Code of Federal Regulations.

When bidding on government contracts, you can provide experience from the commercial industry so long as it is relevant to the published solicitation. Other statutory tolls include joint ventures and teaming agreements. Consult with a government contracts attorney for more detailed guidance.

Knowing the market: Like any business venture, you must know the market. Many businesses shoot in the dark in hopes of landing the ‘big contract.’ Our government contract consultants act on solid data. Successful companies first investigate what agencies purchase their particular service or product and then develop initiatives to develop a relationship with the potential customer.

Government contracting is significantly different than contracting in the commercial sector: It is critical to understand that marketing to the federal government and getting government contracts is very different than commercial marketing.

First, you must know the rules. Second you must learn how to approach your potential customer and convince them that:

• You understand their needs and problems
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Understanding these key points is crucial to your success in getting government contracts. Contact us at 1.866.601.5518 or 720.941.7200 for more information.