Quoth the Raven: “Blue & Gold” – Disappointed Offeror Must Protest RFP Modification Before Award

In August 2010, DoD issued an RFP contemplating a multiple-award contract for a basic agreement and two task orders. Fourteen bidders, including “Comint Systems Corporation and Eyeit.com, Inc. Joint Venture” (Comint) submitted proposals for the basic agreement and the two task orders. After proposals had been submitted, DoD amended the RFP. The amendment stated that the Government would not award the two task orders for which proposals had been solicited. Rather, the task order proposals would be considered solely for the purpose of evaluating proposals for the basic contract. The amendment stated that DoD would not accept any proposal revisions. The following day, Comint submitted a signed acknowledgment of the amendment. Several months later, In April 2011, the DoD awarded the contract to three other … Continue reading

Quoth the Raven: “Blue & Gold” – Disappointed Offeror Must Protest RFP Modification Before Award

In August 2010, DoD issued an RFP contemplating a multiple-award contract for a basic agreement and two task orders. Fourteen bidders, including “Comint Systems Corporation and Eyeit.com, Inc. Joint Venture” (Comint) submitted proposals for the basic agreement and the two task orders. After proposals had been submitted, DoD amended the RFP. The amendment stated that the Government would not award the two task orders for which proposals had been solicited. Rather, the task order proposals would be considered solely for the purpose of evaluating proposals for the basic contract. The amendment stated that DoD would not accept any proposal revisions. The following day, Comint submitted a signed acknowledgment of the amendment. Several months later, In April 2011, the DoD awarded the contract to three other … Continue reading

Should the Kimono be Opened? – Organizational Conflicts of Interest (OCI) Best Practices

FAR Part 9.504 requires contracting officers (CO’s) to identify and evaluate potential OCI’s early in the process, but puts no time pressure (other than the award deadline) on the need to resolve (i.e., avoid, neutralize, or mitigate) significant organizational conflicts.   Following this timeline, CO’s will often require that proposals include relevant OCI-related information, including mitigation plans, and then defer consideration and resolution of an offeror’s potential OCI until (and unless) the offeror’s proposal is found to offer the “best value.” There are understandable reasons for this procrastination.  First, the facts may not be known initially (and may evolve, especially if the statement of work is amended).  Second, a CO’s plate is always full; where will they find the time to address potential OCI’s that won’t … Continue reading