1. Contracting Officer Podcast Slides
Knowledge & Insights From Contracting Officers

2. The Apparent Winner – Pre-award Notices for Small Business Programs
Episode 073
The Apparent Winner – Pre-award Notices for Small Business Programs
Original Air Date: 3 April 2016
Hosts: Kevin Jans & Paul Schauer

3. 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

4. Introduction
Purpose of this podcast: To discuss and explain the Small Business Notification requirement in FAR (a)(2), that requires the government to notify small businesses if another SB beat them (on a SB set aside contract)
The concept for this is fairly simple:
The solicitation is a Small Business set aside
One of the SBs is the “apparent” winner
The CO wants to make sure the winner is actually an SB before making award
One way to do this: ask the losers

5. FAR Part 15.503 – Notifications to Unsuccessful Offerors
(a)(1) Pre-award notices of exclusion from competitive range.
The CO shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition
The notice shall state the basis for the determination and that a proposal revision will not be considered.
We discussed this whole process more in Episode 053 – Notification to Unsuccessful Offerors (“Sorry” letters)

6. FAR Part 15.503 – Notifications to Unsuccessful Offerors
(a)(2) Pre-award notice for small business programs. (i) In addition to the notice in paragraph (a)(1) of this section, the contracting officer shall notify each offeror in writing prior to award, upon completion of negotiations, determinations of responsibility-- (A) When using a small business set-aside (see Subpart 19.5) (B) When using the HUBZone procedures (see Subpart ) (C) When using the SDVOSB procedures in Subpart (D) When using the WOSB in Subpart

7. FAR Part 15.503(a)(2) (ii) The notice shall state—
(A) The name and address of the apparently successful offeror;
(B) That the Government will not consider subsequent revisions of the offeror’s proposal; and
(C) That no response is required unless a basis exists to challenge the size status or small business status of the apparently successful offeror (e.g., small business, HUBZone, SDVSOB, EDWOSB, WOSB)
(iii) The notice is not required when the CO determines in writing that
the urgency of the requirement necessitates award without delay or
when the contract is entered into under the 8(a) Program

8. When do SB Notifications happen?
Acquisition Time Zones (from Podcast Episode 003)
Requirements Zone
Market Research Zone
RFP Zone
Source Selection Zone (or sole source)
Execution Zones: Kick Off, Transition (Ramp Up), Performance, Re-compete

9. Why are SB Notifications important?
The goal is to award to small business
This rule was likely added because someone (LB) tried to sneak in
This is the last Quality Control check prior to award
Don’t let this step trip you up

10. Why Should Government Care?
You want to award to a Small Business
That was the point of setting it aside
This can help you make sure you’re not getting duped
This enlists the help of the industry to ‘self-police’
This ’protects’ you from someone calling sour grapes later…

11. Why Should Government Care?
15.503(a)(2)(1) – “prior to award”
1 hour is bad; 3 days is too long…
1 day of prevention are worth 2 months of ’protest’
Make sure your customer knows about this; plan it into the schedule.
It adds integrity to the process
You want offerors (especially SBs) to know the process is not “rigged”

12. Why Should Industry Care?
Don’t be surprised when you get the letter with nothing but a heads up about the ‘apparent’ winner
This goes both ways:
When you win, be ready to be challenged
Have your ducks in a row – especially if you’re a successful small business (say $13M in revenue and your cap is $14)
When you lose, be ready to challenge
Don’t wait until afterwards to protest this

13. Why Should Industry Care?
This is one more opportunity to see into the process:
Do you know the company who won?
Did you see them coming?
What do you know about them that you can use for later?
What do you know about them that you can use now (like teaming or just being a gracious loser)? Think long term

14. Summary The small details matter
This is another unique feature of Government Contracting - this is not likely to happen in commercial market
Government team:
Make sure you plan for it
Make sure your customer, the losers, and the winners all know what it means
Industry team:
Know what this letter means (and what it does not)
Plan to make the most of it and don’t get distracted unnecessarily

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