Contracting Officer Podcast Slides Knowledge & Insights From Contracting Officers

What are Sections L & M of the RFP (Part 1 of 2) Episode 010 What are Sections L & M of the RFP (Part 1 of 2) Original Air Date: January 18, 2015 Hosts: Kevin Jans & Paul Schauer

Formatting notes Hyperlinks: Blue font indicates hyperlinks – presentation must be in ‘Slide Show’ mode to activate the link Red bold font indicates a point of emphasis Green bold font indicates CO’s personal comment or perspective

When do Sections L & M happen? Acquisition Time Zones (from Podcast Episode 003) Requirements Zone Market Research Zone RFP Zone (Proposal Zone) Source Selection Zone Execution Time Zones (from Podcast Episode 084) Kick Off Zone Performance Zone Re-compete Zone (well, sort of… ) Wrap-up Zone

Overview of Sections L and M of the RFP What are Sections L and M? When do they apply? Why are they important to the acquisition team? Why are they important to the offerors?

What are Sections L and M of the RFP? Used for Contracts by Negotiations (FAR Part 15) Overview of Uniform Contract Format (see FAR 15.204-1) Section L – Instructions to Offerors Section M – Evaluation Factors for Award

When do Sections L & M apply? Contracts by Negotiation (FAR Part 15) Nearly all contracts that have an RFP NOTE: Does not apply to all FAR 15 contracts (Letter Contracts or Undefinitized Contract Actions - UCAs) FAR Part 12 uses the same concept, but different clauses FAR 52.212-1 – Instructions to Offerors – Commercial Items FAR 52.212-2 – Evaluation – Commercial Items

FAR 15.204-5(b) – Part IV – Representations and Instructions Section L – Instructions, conditions and notices to offerors or respondents Provisions and other information and instructions not required elsewhere to guide offerors or respondents in preparing proposals or RFI responses May require proposals or information be submitted in a specific format: (1) Administrative; (2) Management; (3) Technical; (4) Past performance; and (5) Certified cost or pricing data, or other than certified cost or pricing data

FAR 15.204-5(c) – Part IV – Representations and Instructions Section M – Evaluation factors for award Identify all significant factors and any significant subfactors ... That will be considered in awarding the contract Their relative importance (see FAR 15.304(d)). The contracting officer shall insert one of the phrases in FAR 15.304(e).

Why Does Government Care? Look for Symmetry Section L tells Industry ‘how to bid’ Section M tells Industry ‘how to win (or lose)’ Symmetry makes Debriefings easier and cuts down on Protests

Why Does Industry Care? Look for Symmetry Section L tells you what (and how) to propose Section M tells you how to (and if you can) win Read and understand them If you do not understand, ask questions If you still do not understand, decide how important this proposal is to you – either dig in or walk away

Additional FAR Guidance FAR 15.304 – Evaluation Factors and Significant Subfactors (a) Award decision is based on evaluation factors and significant subfactors that are tailored to the acquisition (b) Evaluation factors and significant subfactors key areas of importance in the source selection decision; and the Acquisition Team have broad discretion, as long as they Always evaluate price or cost in every source selection Evaluate Past Performance, unless the CO documents why it is not appropriate (15.304(c)(3)(iii), or over Simplified Acquisition Threshold.

Additional FAR Guidance FAR 15.304 – Evaluation Factors and Significant Subfactors (e) The solicitation shall also state, at a minimum, whether all evaluation factors other than cost or price, when combined, are -- Significantly more important than cost or price;
 Approximately equal to cost or price; or
 Significantly less important than cost or price

Summary Applies to most Contracts by Negotiation, and almost any contract using an RFP Section L tells Industry how to bid (what and how to propose) Section M tells Industry how to win (and if you can) Symmetry between L and M are very important: Facilitates debriefings Helps prevent protests

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