Preparing Winning Proposals and Bid Protests
Overview
This two day seminar focuses on identifying government contracting opportunities and successfully preparing and submitting a winning bid/proposal. In addition to proposal best practices, the workshop analyzes and clarifies bid protests at Agency, GAO, and COFC levels.
Topics Include:
• The Government’s buying and selling Life-Cycle
• The Government’s procurement planning, solicitation planning and preparation
• Identifying contracting opportunities with the Government
• Identifying and mitigating risk in Government contracts
• Communicating with the government
• The Proposal Submission and Review Process
• Source selection planning and evaluation
• Contract Negotiation and Formation
• Multiple Award Schedules
• Common mistakes by offerors and procurement best practices
• Bid protests forums
Field(s) of Study: Specialized Knowledge
Program Level: Basic
Delivery Method: Group-live
Program Prerequisites: None
Advance Preparation: No advance preparation required
Recommended CPE Credit: 14 credits
Program Registration Requirements
Registration fee $995, includes the price of course materials. Register online by selecting a date and clicking the "Register Now" button in the column to the right, call 1-888-300-8201, fax the completed Seminar Registration Form to 1-888-300-8201, or mail the completed Seminar Registration Form to Federal Contracts Training Center, 2700 Lake Cook Rd, Riverwoods, IL 60015.
Refund Policy
In the case that you cannot attend a seminar, FCTC permits attendee substitutions at any time prior to the start date of the seminar. We remind all participants to properly complete all Master’s Certification, CPE, and other credit documentation upon attending each seminar, including the post-seminar evaluation.
In Case of Cancellation
• If seminar registration is canceled or otherwise changed two weeks or more prior to the start date of the seminar, then FCTC will refund any tuition paid or apply it to a different seminar of the participant’s choice.
• If seminar registration is canceled or otherwise changed less than two weeks prior to the start date of the seminar, then FCTC will not refund any tuition paid; however, any tuition paid can be applied to a different seminar of the participant’s choice as long as he or she contacts FCTC prior to the start date of the seminar.
Complaint Resolution Policy
It is the goal of the FCTC to ensure 100% satisfaction with your seminar experience. If you believe that the seminar you attended did not meet or exceed the expectations of being relevant, well delivered, and professionally valuable, then please contact the FCTC with your concerns at 1-888-300-8201 or online at www.FCTCenter.com. Every reasonable effort will be made to resolve the issue in a timely manner.
CPE Accreditation
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CCH is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors, 150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org.
Agenda
1. Introduction
1.1. How the government purchases goods and services?
1.1.1. The Competition in Contracting Act of 1984
1.1.1.1. Exceptions to the Competition Requirement
1.1.1.2. Justification, Notice and Approval Procedures
1.2. The Government’s buying and selling Life-Cycle
1.3. Government’s procurement planning, solicitation planning and preparation.
2. Getting to Market: Identifying contracting opportunities with the Government and other Pre-sales Activities
2.1. FedBizOpps
2.2. GSA schedule
2.3. Identifying and mitigating risk in Government contracts
2.3.1. Performance, Schedule and Cost risks
2.3.2. Organizational Conflicts of Interest
2.4. Bid/No Bid Decision
2.5. Communicating with the government regarding your company’s products and services
2.5.1. Ethical issues and considerations
2.5.2. Prohibition against contingent fees
2.5.3. Shaping the solicitation
3. The Proposal Submission and Review Process
3.1. Solicitations
3.1.1. Invitations for bids
3.1.2. Requests for proposals
3.2. Source selection planning and evaluation
3.3. Form of the solicitation
3.3.1. Section L – Instructions to offerors
3.3.2. Section M – Evaluation criteria
3.4. Bid/Proposal Development and Reviews/Approvals
3.4.1. IFB
3.4.2. RFP
3.4.2.1. Identifying the key areas of performance
3.4.2.2. Drafting winning proposals
3.5. Cancellation of the solicitation
3.5.1. Cancellation of the IFB
3.5.2. Cancellation of the RFP
3.5.2.1. Changed needs and/or cost savings
3.5.2.2. Defective RFP
3.5.2.3. Inadequate competition
3.6. Contract Negotiation and Formation
3.6.1. Sealed bidding
3.6.1.1. Pre-opening Handling
3.6.1.2. Procedure
3.6.1.3. Late bids
3.6.1.4. Bid Modifications
3.6.1.5. Responsiveness
3.6.1.5.1. Reserved rights
3.6.1.5.2. Minor informalities
3.6.1.5.3. Bid acceptance period
3.6.1.5.4. Bidder identity
3.6.1.5.5. Price
3.6.1.5.6. Incomplete package
3.6.1.5.7. Omissions
3.6.1.5.8. Acknowledgement of amendments
3.6.1.5.9. Ambiguities in bids
3.6.1.5.10. Certification requirements
3.6.1.5.11. Responsibility
3.6.1.5.11.1. Prior performance
3.6.1.5.11.2. Integrity
3.6.1.5.11.2.1. Criminal offense
3.6.1.5.11.2.2. Past wage and hour violations
3.6.1.5.11.3. Bankruptcy
3.6.1.5.11.4. Unprofitable bid
3.6.1.5.11.5. Definitive criteria of responsibility
3.6.1.5.11.5.1. location
3.6.1.5.11.5.2. staffing
3.6.1.5.11.5.3. standard product clause
3.6.1.5.11.5.4. pilot determination
3.6.1.5.11.5.5. licenses
3.6.1.5.11.5.6. specific experience
3.6.2. Competitive Proposals
3.6.2.1. General
3.6.2.1.1. no public opening
3.6.2.1.2. withdrawal of offer
3.6.2.1.3. late proposals or modifications
3.6.2.2. oral presentations
3.6.2.3. Discussions
3.6.2.3.1. Award based on initial offers
3.6.2.3.2. Competitive range
3.6.2.3.3. Competitive range determination
3.6.2.3.3.1. Excessive price
3.6.2.3.3.2. Informational deficiencies
3.6.2.3.4. Government exchanges with offerors after proposal submission
3.6.2.3.4.1. Clarifications and award without discussions
3.6.2.3.4.2. Communications with offerors before establishment of the competitive range
3.6.2.3.4.3. Limits on exchanges
3.6.2.3.4.4. Competitive Advantages
3.6.2.3.4.5. Technical transfusion
3.6.2.3.4.6. Technical leveling
3.6.2.3.4.7. Auction
3.6.2.3.4.8. Cost/technical tradeoffs
3.6.3. Multiple Award Schedules
4. Common mistakes by offerors and procurement best practices
4.1. Common mistakes by offerors
4.2. Proposal Best practices
5. Bid protests forums
5.1. Agency level protests
5.2. Protests at the GAO
5.2.1. The bid protest regulations
5.2.1.1. Interested party
5.2.1.2. Filing the protest
5.2.1.3. Notice of protest
5.2.1.4. Agency report
5.2.1.5. Request for production of documents
5.2.1.6. Protective orders
5.2.1.7. Summary dismissal
5.2.1.8. Hearings
5.2.1.9. The decision and reconsideration
5.2.1.10. Remedies
5.2.1.10.1. General
5.2.1.10.2. CICA stay
5.2.1.10.3. Termination for Convenience and Cancellation
5.2.1.10.4. Bids and Proposal preparation and protest costs
5.2.1.10.4.1. standards for award of costs
5.2.1.10.4.2. Comptroller general cost awards
5.3. Protests at the COFC
5.3.1. The Federal Courts Improvement Act and the Administrative Dispute Resolution Act of 1996
5.3.2. The United States Court of Federal Claims
5.3.3. Scope of the Court of Federal Claims Injunctive Authority
5.3.4. Bid and proposal costs
6. Case studies and Wrap-up
Presenters
Paul A. DeBolt, Esq., Partner, Venable, LLP
Paul Debolt assists companies and individuals on all issues that arise from doing business with the federal government, including civil fraud. He is experienced in the competitive source selection process, defending or prosecuting bid protests, issuing advice concerning compliance with government regulations and laws during the performance of a contract, and helping to resolve disputes and claims during contract performance or as a result of contract termination. Mr. Debolt also has significant experience with due diligence in connection with the merger and acquisition of government contractors, as well as post-transaction matters such as novations. He counsels clients on the Service Contract Act, the Civil False Claims Act, joint ventures and teaming agreements, prime-subcontractor disputes and internal investigations.
Mr. Debolt has extensive government contracts law experience and applies a team approach which ensures that clients receive the benefit of firm-wide strength in all related areas.
Representative Clients
Mr. Debolt supports Venable's large and small government contracts clients including major systems manufacturers, providers of information technology and other service providers.
Significant Matters
Recently, Mr. Debolt has conducted a number of internal investigations of both large and small companies involving questioned contract certifications and cost charging. Mr. Debolt has also represented a number of clients with claims and intellectual property disputes before the Court of Federal Claims, the Armed Services Board of Contract Appeals and various federal district courts.
Reported decisions include:
• Honeywell Int’l Inc. v. U.S., 81 Fed. Cl. 514 (2008) (COFC held claim 2 of patent invalid)
• Honeywell Int’l Inc. v. U.S., 70 Fed. Cl. 424 (2006) (COFC held claims 1 and 3 of patent were not infringed)
• Northrop Grumman Corporation; ITT Gilfillan, B-274204, B-274204.2, B-274204.3, B-274204.4, B-274204.5, B-274204.6, B-274202.7, 96-2 CPD P 232
• Valentec Systems Inc., B-270880, B-270880.2, 96-1 CPD P 231
• Matter of National Linen Service, 73 Comp. Gen. 265, B-257112, B-257312, 94-2 CPD P 94
• Sun Microsystems v. United States, July 9, 1996, GSBCA No. 13615-P, 96-2 BCA ¶ 28546
• Pioneer Aerospace Corporation, B-245911, 92-1 CPD P 13
• Kings Point Industries, Inc., B-244398, 91-2 CPD P 331
Other representative matters include:
• For a small business, Mr. Debolt made a successful presentation to AUSA’s office that resulted in a decision by government not to pursue a civil false claim with an estimated value of over $400,000.
• On behalf of a large defense contractor, Mr. Debolt negotiated a multi-million dollar settlement for claims arising from charges to a contract with the United States Postal Service for coding services.
• On behalf of a service company, he negotiated a multi-million settlement of a claim arising from an undefinitized letter contract.
• Mr. Debolt conducted an internal investigation for a non-profit into alleged mischarging to numerous government contracts and grants, and successfully negotiated a favorable settlement with an AUSA.
Activities
Mr. Debolt regularly participates in the firm’s pro bono activities.
Robert A. Burton Esq., Partner, Venable, LLP
Robert A. Burton is a nationally-recognized federal procurement attorney, who focuses his practice on assisting government contractors navigate the complex and rule-driven procurement process. He represents a wide range of companies that conduct business with the federal government, from large defense contractors and systems integrators to small businesses. Mr. Burton assists government contractors with the development and management of their ethics and compliance programs and aids them with their marketing strategies for selling to the government.
Professional Experience
A thirty-year veteran of procurement law and policy development, Mr. Burton served in the Executive Office of the President as Deputy Administrator of the Office of Federal Procurement Policy (OFPP), the nation's top career federal procurement official. He also served as Acting Administrator for two years during his seven-year tenure at OFPP.
As Deputy Administrator of OFPP, Mr. Burton was responsible for the government’s acquisition policy and procurement guidance to all Executive Branch agencies. His office was charged with developing policy affecting more than $400 billion in annual federal spending – a figure that doubled during Mr. Burton’s time in office as a result of the Iraq War and other major events.
At OFPP, Mr. Burton was instrumental on a number of fronts, including preparing the Administration’s policy positions and testimony on proposed acquisition legislation; working with House and Senate committees on the development of acquisition reform proposals; and serving as a principal spokesperson for government-wide acquisition initiatives. He also served as the Executive Director of the Chief Acquisition Officers (CAO) Council, which comprises the Chief Acquisition Officers from each federal agency. Mr. Burton also managed the activities of the Federal Acquisition Regulatory (FAR) Council, which has statutory authority to promulgate the government's procurement regulations.
Prior to joining OFPP in 2001, he spent over twenty years as a senior acquisition attorney with the Department of Defense. At the Defense Contract Management Agency, he negotiated the resolution of high-profile contract disputes with major defense contractors and provided advice on cost allowability issues. He served as general counsel for DoD’s Defense Energy Support Center as well as associate general counsel for the Defense Logistics Agency (DLA), the DoD component responsible for purchasing most of the general supplies and services used by the military services. At DLA, Mr. Burton served as counsel to the agency's suspension and debarment official and managed the agency's fraud remedies program, working with the Department of Justice and the criminal investigative agencies to coordinate appropriate remedies in major procurement fraud cases.