When it comes to winning a contract today, its more than technical knowledge and experience. Above and beyond all the rules and requirements, your story really is at the very heart of what makes a winning FEDSIM proposal. on any procurement issued by FEDSIM and the firm recognized that it had to disclose any circumstances that may create an actual or apparent conflict of interest by reporting it immediately to the contracting officer. [2] The price proposal (part II), technical proposal (part III), and materials for oral presentation (part IV) would be due separately after the agency had reviewed the part I proposals. The evaluation of proposals is a matter within the discretion of the procuring agency. Global argues that the GSA improperly rejected its part I proposal, and that the basis for rejecting the proposal was a negative responsibility determination that should have been referred to the Small Business Administration (SBA) under its certificate of competency procedures. [5] GSAs decision to reject Globals part I proposal as unacceptable was reasonable because the firm failed to include the form or otherwise provide the OCI representation. Both Global and the SBA argue that even if the contracting officer could reasonably find that the omission of the attachment K OCI representation made Globals proposal unacceptable, that determination was not a technical evaluation but rather a negative responsibility determination. An offeror risks having its proposal evaluated unfavorably where it fails to submit an adequately-written proposal. Eric S. Montalvo, Esq., and Jennifer F. Hooshmand, Esq., Federal Practice Group, for the protester. Fri, Mar 13, 2020, 9:00am - 4:30pm ET, Where His team of video professionals has helped customers like you win over $15 billion in federal government contracts to date. Global Accounting, LLC, of Washington, D.C., a small business, protests the rejection of its Part I proposal, and its resulting elimination from the competition, under request for proposals (RFP) No. Id. This training is split into two half-day sections. Id. AR, Tab 6, RFP attach. [5] Global also argues that the attachment K forms were labeled as samples, thereby implying that it would suffice for an offeror to make a functionally equivalent representation in another way. FEDSIM Compliant Answers. Protest at 3-4; Protesters Comments at 3-4. The RFP also instructed that [t]he contractor is required to complete and sign an OCI Statement (Section J, Attachment K), submit a mitigation plan for any OCI that the contractor believed could be mitigated, and supply any additional requested information about the mitigation of any OCI. MOL at67. The RFP provided two versions of the attachment K form. Techs., Inc., B298099.4, B298099.5, Nov.28, 2006, 2006 CPD 185 at 20-21; cf. RFP atL2. & Integration, Inc., B-409463, Apr. Through the use of interactive lecture and hands-on exercises, attendees will better understand the industry best practices for preparing and executing traditional oral presentations and GSA FEDSIM style oral presentations. The second half includes information on how FEDSIM conducts procurements and how to prepare for and present FEDSIM orals. Id. [4] The contracting officer explains that three other offerors were also disqualified by their failures to submit the required OCI statements, and that ultimately three firms submitted proposal parts II, III, and IV. Id. [4] Contracting Officers Statement (COS) at 2. The RFP also provided one version of the attachment P form, which stated first that the firm was affirming its intent to propose as a prime contractor. Upon reviewing Globals part I proposal, the GSA contracting officer determined that Global had not submitted an attachment K form for itself, and that the agency would reject the proposal as unacceptable because the failure to submit the form represented a material omission. All right reserved. We are here to help you get there. Customers return to Sunny Moon for the consistent technical excellence, convenience, and flexibility. The first half focuses on traditional orals preparation and how companies can better organize, plan, and rehearse for PowerPoint, scenario, or interview style orals presentations. The first section of attachment P stated that the firm was an eligible SDVOSB under the applicable size standard, and the second section stated that the firm agreed that it, and any subcontractors, consultants, or teaming partners shall be ineligible from proposing . The other was an example of the statement that a subcontractor, consultant, or teaming partner had to submit. Stay informed as we add new reports & testimonies. We have previously expressed the view that a contracting officers determination of whether an OCI makes a contractor ineligible for award is analogous to a responsibility determination, and the issue is more closely related to matters of responsibility than evaluation matters, so a contracting officer could appropriately seek information from the offeror without initiating discussions.
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Global also argues that the missing representation was a minor clerical error, and that GSA should have communicated in the form of a clarification to indicate that its proposal lacked the representation, and should then have allowed Global to correct its omission as a clarification.
Id. 3, 2014, 2014 CPD 120 at 4. The winners circle is within reach. We provide communications support, deck preparation, graphics, videos, rehearsal coaching and much more.
GSA argues that 12 of the offerors did submit the Attachment K and Attachment P forms correctly in their part I preliminary price proposals, thereby demonstrating that the RFP instructions were sufficiently clear.
As explained above, the requirement that the offeror submit an attachment K form OCI representation was substantive, so the contracting officer was not obligated to request the missing OCI form from the offerors (including Global) that had omitted it; to do so would have initiated discussions, and we will not impose a requirement to open discussions before eliminating an unacceptable proposal from further consideration. K, at 1; AR, Tab 6, RFP attach. Following a debriefing, Global filed this protest. There was no attachment K form for Global; rather, the first electronic file contained two attachment K forms signed by Globals subcontractor,[3] while the second electronic file labeled as being Attachment K was instead a completed attachment P form that Global has completed and signed. GSA's Federal Systems Integration and Management Center (FEDSIM), and the Department of Homeland Security (DHS)continue to embraceVideo Technical Presentations (VTP), sometimes referredto as "Video Orals",in lieuof traditional oral presentations. Supp. COS at 2. This training was developed for anyone involved in the orals process at any stage, including: This event has no exhibitor/sponsor opportunities, When
As a result, and notwithstanding the analogous nature and close relation to responsibility of OCI information, we do not think that the contracting officer was required to refer Global (or the other similarly-affected offerors) to the SBA for consideration of a certificate of competency. Telestar Corp., B275855, Apr. 47QFCA19R0033, issued by the General Services Administration(GSA), Federal Acquisition Service, for commercial-item program management and acquisition support services for GSAs Federal Systems Integration and Management Center (FEDSIM), in Washington, D.C. Navarre Corp., B-414505.6, July 13, 2018, 2018 CPD 242 at 4; see also EA Engg, Sci., & Tech., Inc., B-417361, B-417361.2, June 13, 2019, 2019CPD 218 at 7 (agency reasonably assessed deficiency where solicitation required, and protesters quotation failed to provide, OCI information regarding subcontractor). After that statement, the form had two sections. Although Global argues that the information in the attachment P form should have been sufficient, our review of the record confirms that the contracting officer reasonably treated the representations as distinct. at8-9. The RFP, issued on July 16, 2019, sought proposals to perform [c]omprehensive [o]perations [m]anagement, [p]rocurement, and [a]dministrative [s]upport [s]ervices (COMPASS), and identified the procurement as being [c]onducted under Federal Acquisition Regulation(FAR) [part] 12 utilizing FAR [part] 15 procedures. Agency Report (AR) Tab 1, RFP, at 1. 4, 1997, 971 CPD 150 at 5-6.
Even so, we do not agree with Globals conclusion that the attachment P form made an OCI representation that was functionally equivalent to the language in the attachment K form. The contracting officer explains that by submitting a proposal that did not conform to the RFP requirement for a completed Attachment K form for the offeror, Globals Part I proposal was nonresponsive, which disqualified it from continuing in the competition. P, at 2. Staff and teaming partners must understand the nuances of presentation style, storytelling, and collaboration to effectively convey technical acumen and company culture, all while being responsive and compliant with the Governments instructions. Regardless of the size of your organization, the complexity of the RFP video requirements, or your familiarity with FEDSIM video presentations, SunnyMoon has the experience, capabilities, and personnel to help you win. Security Mgmt. This redacted version has been approved for public release. [3] The subcontractors submission contained both the offeror form and the subcontractor form from the examples provided in the RFP. Global Accounting, LLC, of Washington, D.C., a small business, protests the rejection of its PartI proposal, and its resulting elimination from the competition, under request for proposals (RFP) No. As a result, in the former, the subcontractor listed itself as the firm responding to [the] solicitation, and in the latter, the subcontractor confusingly identified itself as a subcontractor to itself; specifically, the firm stated that [subcontractors name] is participating as a subcontractor to [subcontractors name]. AR Tab 5, Subcontractors Attachment K Form, at 2-3. Marie Cochran, Esq., General Services Administration; and Alison M. Amann, Esq., Small Business Administration, for the agencies. Story and Narrative As more agencies begin adopting this approach to evaluate offerors, companies will need to understand the keys to success with this form of proposal evaluation. At the same time, it is an offerors responsibility to submit an adequately written proposal that establishes the technical acceptability of its proposed approach, and allows for a meaningful review by the agency. Both versions stated that the firm had reviewed the requirements of the RFP and of Federal Acquisition Regulation subpart 9.5, it represented that the firm is not aware of any facts which create any actual or potential OCI, and it affirmed that the firm would immediately disclose any actual or potential OCI during performance. . Protest that agency was required to request clarifications and thereby allow the protester to submit a clarification that included a missing representation about facts creating an organizational conflict of interest is denied where the required representation was substantive and could not be remedied through clarifications. In the rapidly changing world of business development, knowing what to expect from your videographer and studio is a must when responding to federal acquisition RFPs with video requirements. Due Diligence Sessions As such, they argue, GSA was required to refer the firm to the SBA to determine whether to issue a certificate of competency (COC). We disagree with Global and the SBA that the attachment K form should have been treated as a responsibility matter under the RFP, and likewise disagree that the representation could either be submitted later as a clarification or that the omission should be treated as a negative responsibility determination that had to be referred to the SBA. We see no basis on which a reasonable offeror could conclude that the RFP did not require the offeror to submit an attachment K form for itself, or an equivalent representation. We do. 
Global and the SBA both also argue that even if the contracting officers determination to eliminate the firms proposal were correct, GSA should then have referred the matter to the SBA for a determination under its certificate of competency procedures. Rehearsals LinkedIn is experiencing technical difficulties. The attachment P form committed Global to disclose any circumstances that may create an actual or apparent conflict of interest, but it did not make a representation about whether Global was currently aware of facts that could cause an actual or potential OCI. Globals proposal contained two attachment K forms and one attachment P form, which were submitted as two separate electronic files, both labeled as AttachmentK (one file for Global and one for its subcontractor). 3. Global argues that the elimination of its proposal was unreasonable because the statements in its Attachment P form effectively captured the substance of the Attachment K form, and that the GSA should have allowed Global to submit an Attachment K form as a clarification. FreeAlliance.com, LLC, B-414531, June 19, 2017, 2017 CPD 191 at 3. The contracting officer notified Global by email of the elimination of its proposal from the competition on August 27. Our review of the record supports the contracting officers conclusion that Globals part I proposal failed to include a representation required in the attachment K form about the Globals own awareness of any facts that could present an OCI. 47QFCA19R0033, issued by the General Services Administration (GSA), Federal Acquisition Service, for commercial-item program management and acquisition support services for GSA's Federal Systems Integration and Management Center (FEDSIM), in Washington, D.C. Protesters Comments at 2-3; SBA Response to AR at 4-5; see generally FAR 19.601. Orkand Corp.; Falcon Research & Dev. Government agencies are using a variety of orals techniques including traditional PowerPoint presentations, scenario-based orals, interview style Q&A, and on-site coding technical challenges.
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