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A request for proposal, or RFP, is how a federal agency asks businesses for offers in a negotiated buy. For a competitive buy, it must describe the agency's needs, the expected contract terms, what to put in your proposal, and the factors used to judge it. To decide whether to bid, read four things: the scope, the evaluation factors, the deadlines and the rules for questions. Look for federal RFPs at FedBizOpps (fedbizopps.gov). The Federal Acquisition Regulation (FAR) names it as the single online point for business opportunities over $25,000.

Sources: FAR subpart 15.2; FAR subpart 2.1.

What an RFP is, and where to find one

The FAR calls any request for offers or quotations a solicitation. In a negotiated buy, the solicitation is called a request for proposal. Your answer is a proposal, and a proposal is an offer. If the agency accepts it, you are bound to perform the contract. FAR Part 15 sets the rules for negotiated buys.

FedBizOpps lets you search without logging in. Not every notice is an RFP. In a sources sought notice, the agency looks for possible sources. The FedBizOpps FAQ says it is not a request for proposal.

Sources: FAR subpart 2.1; FAR subpart 15.1; FedBizOpps home page; FedBizOpps FAQ.

Use the lettered sections as a map

The FAR tells contracting officers to build solicitations in a uniform format with sections A to M. Some contracts, such as construction, can skip it. A is the solicitation form. B lists items and prices, and C describes the work. D, E and G cover packaging, inspection and contract administration. F sets delivery or performance, and H holds special requirements. I lists contract clauses. J lists attachments by title, date and page count. K holds the representations, certifications and other statements you must give. L tells you how to prepare your proposal. M sets the evaluation factors.

Sources: FAR subpart 15.2.

Scope: what the agency wants

Read Section C first, the description, specifications or statement of work. Then read B, F and H for items and quantities, when, where and how to deliver or perform, and special requirements. Check Section J against your downloads for missing attachments.

Check eligibility next. Some buys are set aside, partly or totally, for small businesses. A set-aside notice on FedBizOpps can carry a code, such as total small business, competitive 8(a) or HUBZone.

Sources: FAR subpart 15.2; FedBizOpps home page; FedBizOpps FAQ.

Evaluation criteria: how the agency will judge you

A competitive RFP must state every factor and significant subfactor that will affect the award, usually in Section M. It must also state their relative importance. The agency must judge competitive proposals only on the factors the RFP states. Under Part 15, the agency must evaluate price or cost every time it picks a winner. Quality is judged too, through non-price factors such as past performance and technical excellence.

The RFP must say whether the other factors together are significantly more important than price, about equal to it, or significantly less important. Then check the selection method. In a tradeoff, the agency may choose a higher-priced proposal if its benefits merit the added cost. In a lowest price technically acceptable buy, award goes to the lowest evaluated price among proposals that meet the minimum standards. No tradeoffs are allowed.

For negotiated competitive buys expected to exceed the simplified acquisition threshold, generally $150,000, the agency must evaluate past performance. The contracting officer can skip it only by documenting why. The RFP must let you list past or current contracts for similar work, federal, state, local or private. A firm with no relevant record cannot be rated favorably or unfavorably on past performance.

Sources: FAR subpart 15.2; FAR subpart 15.3; FAR subpart 15.1; FAR subpart 2.1.

Deadlines and questions

Get your proposal to the office the RFP names by the closing time, using a method the RFP allows. If the RFP gives no closing time, the deadline is 4:30 p.m., local time at that office, on the due date. A proposal that arrives after the exact time is late. It will not be considered, with a few narrow exceptions.

Some buys must be announced on FedBizOpps. For those expected to exceed the simplified acquisition threshold, the FAR requires at least 30 days from issuing the RFP. Commercial items are the exception. For all other announced buys over $25,000, including commercial items, the contracting officer must allow a reasonable response time.

Send questions the way the RFP says. Once the RFP is out, the contracting officer is the focal point for inquiries. When the agency changes its requirements or terms, it must amend the RFP. Amendments issued before the due date go to everyone who received the RFP. Acknowledge each amendment by the date and time it sets. Provision 52.215-1 (the usual FAR instructions for competitive RFPs) requires that.

Check FedBizOpps for amendments and for special notices, which can announce preproposal conferences. An account lets you set up search agents and a watch list that sends updates. An agency can restrict an RFP's files, so you may need to log in, verify through the System for Award Management, and sometimes pass stricter checks.

Sources: FAR subpart 15.2; FAR subpart 15.3; FAR subpart 5.2; FAR 52.215-1; FedBizOpps home page; FedBizOpps FAQ; FBO Vendor Guide.

A quick bid or no-bid test

Answer these before you bid.

  1. Can we do all the work in Section C, on the schedule in Section F?
  2. If it is a set-aside, do we qualify, and can we truthfully answer Section K?
  3. Does Section M reward our strengths? If the lowest-priced acceptable proposal wins, can we win on price?
  4. Can we finish a strong proposal before the closing time?
  5. Is our first offer our best offer?

The last question matters. Provision 52.215-1, where used, says your first proposal should contain your best terms. That holds whether the agency plans to award without discussions or to negotiate first.

Under the same provision, your proposal stays valid for the number of days on the RFP's cover sheet unless you propose another period. You can withdraw it by written notice until award. A written award or acceptance furnished within the time stated in your proposal makes a binding contract.

If the agency drops you before award or picks another firm, you may ask in writing for a debriefing. At a debriefing, the agency explains its decision. A request that arrives more than 3 days after you get notice can cost you any debriefing.

Sources: FAR 52.215-1; FAR subpart 15.5; FAR subpart 15.2; FAR subpart 15.1.

Filed August 26, 2016 · All news · Methodology