Government Proposal Traps and Avoiding Rejection

 Our courts are flooded with litigation surrounding bid protests. Where are these companies going wrong?

Proposal writing for government contracts requires considering whether or not your proposal will meet the evaluation criteria. As a potential bidder, you must understand how the agency will likely review your RFP response. Part of creating a winning proposal is incorporating how to keep the contract in the event of a bid protest. This is where Watson & Associates’ legal prerogative can be a valuable asset to your organization.

Proposals can be rejected for a variety of reasons, from formatting, volume instructions, required information, size limitations, unsubstantiated claims, or misinterpretation of the evaluation criteria. Compliance may get you through the gates to consideration, but how do you achieve and maintain government contracts?

Relevant case studies

The following cases give you a realistic idea of what can happen if you do not carefully manage and review your federal bid during the proposal writing stage.

GAO sides with government because bidder’s proposal was late: CCSC, Inc., doing business as NaplesYacht.com, of Fort Myers, Florida, a small business, protests the rejection of its proposal by the Department of Homeland Security (DHS), United States Customs and Border Protection (CBP) under request for proposal No. HSBP1011R0009 for an indefinite-delivery/indefinite-quantity contract to supply coastal interceptor vessels and associated equipment and training. CCSC argues that its proposal was improperly rejected as late for reasons primarily due to government misdirection.

Protest against Proposal Rejection for Lateness: A firm protested a hospital’s refusal to consider its late proposal, alleging that the contracting officer led it to believe that the closing date for receipt of proposals could be extended and induced it to submit a proposal.

Bidder does not prevail in proposal evaluation argument: Protest challenging selection decision on the basis that evaluators deviated from solicitation’s evaluation scheme in evaluating proposals. Protest is denied where record shows that, notwithstanding evaluators’ actions, source selection authority’s evaluation and award decision were consistent with evaluation scheme.

Proposal deemed nonresponsive: Bid that acknowledges all amendments to an invitation for bids, but which contains only the original version of the bid schedule, which was modified by an amendment to increase the footage of pipe to be provided is nonresponsive because the bid is ambiguous regarding whether the bidder intends to be bound to the original or amended quantity. McKinley Construction & Excavating

Proposal addressing specific experience matters: Protest that solicitation was improper because the experience requirements for the prime contractor and for key personnel are inconsistent is denied where the solicitation reflected the agency’s judgment that prime contractors with more general experience could meet the agency’s needs provided certain key personnel had more specific experience. Y&K Maintenance, Inc

Proposal rating for past performance: Under solicitation for lifeguard services, procuring agency reasonably rated protester neutral under past performance evaluation factor where protester’s proposal showed that protester had managed swim team, but had not performed lifeguard services. Greater Pacific Aquatics

Let us help you with your proposal efforts

Proposal writers must be able to foresee how the agency will review you package. The extra investment in our complete proposal writing services will minimize the chances of giving up your winning proposal by force.

Our law firm works on bid protests on a daily basis. Guidance from our experts will help protect your organization and your contracts. Awareness of these issues and caution in the proposal writing stage will increase your chances of obtaining and maintaining federal contracts.

Call us today at (866)601.5518.