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

2. 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

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. 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

5. 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?

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

7. 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 – Instructions to Offerors – Commercial Items
FAR – Evaluation – Commercial Items

8. 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

9. 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 (d)).
The contracting officer shall insert one of the phrases in FAR (e).

10. 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

11. 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

12. Additional FAR Guidance
FAR – 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.

13. Additional FAR Guidance
FAR – 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

14. 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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