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January 13, 2021 By cs

Don’t rely on automatic email response, GAO decision warns

Agencies commonly ask offerors to designate a point of contact for communications about the proposal.  But what happens if the person the offeror identifies is unavailable when the agency reaches out?

A recent GAO bid protest decision is a cautionary tale and suggests some best practices for offerors.

The GAO’s decision in Ortho-Clinical Diagnostics, Inc., B-418946 (Oct. 23, 2020) involved a Navy RFQ seeking two clinical chemistry/immunoassay laboratory analyzer systems and one laboratory automation system, to provide laboratory testing of patient specimens at the Naval hospital in Jacksonville, Florida.

In December 2019, Ortho-Clinical Diagnostics, Inc. submitted a quotation.  In its quotation, Ortho-Clinical identified its Contract Manager as the company’s sole point of contact for any communications regarding the quotation.

The Navy received initial quotations from five companies, including Ortho-Clinical. After reviewing initial quotations, the Navy found that none of them, including Ortho-Clinical’s, were technically acceptable.  The Navy elected to open discussions with all five companies to allow them to address the shortcomings in their initial quotations.

Keep reading this article at: https://smallgovcon.com/gaobidprotests/proposal-points-of-contact-dont-rely-on-automatic-email-response-gao-decision-warns/

Filed Under: Government Contracting News Tagged With: bid protest, GAO, Navy, POC, protest, quotation, RFQ

April 19, 2016 By AMK

On RFQs, government can’t have its cake and eat it too

The government wants have its cake and eat it too — by conducting competitions under the General Services Administration (GSA) multiple award schedule contracts using requests for quotations (RFQs), but not abiding by the rules in the Federal Acquisition Regulation (FAR).

RFQThe government seems to think that because RFQs are different from other types of solicitations, the FAR rules don’t apply. Both the Court of Appeals for the Federal Circuit and the Government Accountability Office (GAO) believe the FAR rules apply.

In Hanel Storage Systems, L.P., the GAO considered a procurement by the Department of Veterans Affairs (VA) for vertical storage units at a VA medical center. VA issued an RFQ pursuant to GSA’s multiple award schedule — the Federal Supply Service or FSS program — and the RFQ specified that the extractor system of the storage units [was required] to be “suspended on four corners to allow for uneven loading of pans and access from end of units for service.” VA awarded the order to Kardex, but admitted that its extractor system was suspended centrally and wasnot suspended on four corners, as required by the RFQ.

Keep reading this article at: http://federalnewsradio.com/commentary/2016/04/rfqs-government-cant-cake-eat/

Filed Under: Government Contracting News Tagged With: acquisition, FAR, Federal Supply Schedule, FSS, GAO, GSA Schedule, MAS, multiple award contract, offer, quotation, RFQ, SAP, simplified acquisition, VA

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