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Archive for May, 2009

How to Get Federal Contracts

Sunday, May 31st, 2009

By: Theodore Watson,

Government Contract Attorney & Consultant

I have seen many articles suggesting that getting government contracts is easy. See for example “how to get government contracts the easy way.” The truth is that government contract award takes some work and is probable.

Make no mistake about it; nothing is easy about federal contracting.

Large contractors are seeing a slight decline in federal contracts. However, they are currently wondering why.

The answer is two- fold:

  • Most large contractors can afford to pay a staff of Request for Proposals (RFP) writers to crank out canned responses from RFP writing programs. The government is getting smarter and is looking for better value and more competitive response. Do large contractors understand how to accomplish this?
  • Large businesses do not create genuine relationships with small businesses. Many times, a contractor will normally wait until an opportunity is posted, then scramble to find a small teaming partner or subcontractor. Again, agencies are becoming smarter at this and tend to shy away from large businesses that try to ‘pull a fast one.’

Getting Federal Contracts; How to Start on the Right Path

Government Contracting is a special ‘animal’ that requires study and dedication. The only legal requirement in getting government contracts is to be registered in the Central Contractor registration website (CCR). So many companies automatically start the road to the government in the same fashion as they would market in the commercial sector. This not only incurs unnecessary costs but at the end of the day, the probability of award does not increase.

  • Just like any business venture, you must know the market before you start on a wild goose chase
  • You have to know what agency has bought, and will be buying, your service or product
  • Only after acquiring the above information has your path to success began

Federal Small Business Goals

Federal small business goals do not mandate an award to your company. As compared to state and county contracts, the Congress has tasked DOD to reach certain small business goals when awarding government contracts. For example, agencies have a 23% goal for contract awards to just small businesses. The following categories also have goals:

  • Service Disabled Veteran-Owned Small Businesses (SDVOSB)
  • Small Disadvantage Business (SDB)
  • HUBZOne ( Historically Underutilized Business Zone
  • Veteran-Owned
  • Woman Owned

However, depending on who is speaking, there is a big misunderstanding of goals versus law. The government very seldom meets certain goal categories (namely HUBZOne and Service Disabled Veteran Companies.) Does this mean that the government has broken the law? Of course not!

The point here is that never want to assume that simply because your business has a certain status that you will get government contracts. As mentioned before, the key to getting government contracts is:

  • Knowing the market and who are your targeted customers
  • Building relationships within the agency

Positioning Yourself to Get Government Contracts

You must align yourself with the right companies and be able to solve the government’s problem. So many contractors (large and small) simply think that if they have the end user ‘in their pocket,’ that contracts will just flow to them. Realistically, this sort of thing does in fact happen.

However, the successful contractors follow a different road map. After market research is accomplished, you should accomplish the following things:

  • If you are small business, then find a reputable teaming partner for any potential contracts
  • You must identify any potential problem the agency has
  • Develop your marketing materials to communicate a solution
  • If you are selling a product, develop you marketing materials or presentations in a way that distinguishes your product AND how it will benefit the agency

The government wants to know two main things:

  • Can you solve its problem
  • Can you solve the problem with minimal risk and at a fair and reasonable price

As government contract consultants, we frequently get calls from businesses that expect to acquire a federal contract in 30 days. This is not only unrealistic but it tells me that contractors (large and small) really need more training on how to get government contracts. There are no get-rich-quick schemes in federal contracting.

You Must Know How to Write Effective Responses to RFPs

As a government contractor, you will more than likely have to bid for a federal contract. Opportunities are posted on www.fbo.gov. The agency will post its requirements and solicit responses. You must get up to speed on how to write effective and competitive proposals. Remember, the government wants to know whether or not you can solve its problem, and can you solve it with minimal risks and at a fair and reasonable price.

Learn How to Communicate Your Past Performance

Learning how to get government contracts means telling the agency who you are and what you’ve done. That’s all that matters. The government is not moved by high-branded names as may be the case in the commercial sector.

Many contractors incorrectly believe that if they have performed no government contracts, then their chances of getting an award in minimal. This is far from the truth. The problem is that you must learn how to communicate your past commercial experience and why it is relevant to a particular solicitation. Keep in the mind the following factors:

  • The law requires the agency to give you at least a neutral rating if you have absolutely NO past performance
  • Past performance must within the past 3 years AND relevant
  • Remember that the government purchases commercial services and products

Our government contract consultants find common mistakes when a business bids on a federal contract. They include:

  • Companies cannot write a proposal that separates them from the competition
  • They cannot effectively tell the government about its problem and how the contractors knowledge and experience can solve the problem
  • Many responses to solicitations attempt to capture unreasonable profits. Thus, the contractor looses the bid

Although the government is the largest customer for commercial supplies and services, you should not look at the agency as a “cash cow.” Agency’s typically already have a government estimate in place before the solicitation hits the street. With that said, the government often tends to have unrealistic estimates. This is a result on terrible market research habits.

Burden is up to you to communicate in your proposal that you have done your homework and that your prices are fair and reasonable when compared to the commercial market.

Getting Government Contracts on GSA Schedules

GSA is a quasi -government agency that creates a simple procurement mechanism for the agency to buy commercial services and products. However, getting on a GSA schedule is only but one way to position you to get government contracts.

Successful government contractors also scout the market to see whether the agency does in fact use the GSA schedule to purchase their particular service or product. Anything else is guess work! If approached correctly, you can get additional revenues by applying to get on schedule.

Look for Subcontracting Opportunities

Another way to get government contract dollars is to seek out subcontracting opportunities. The Federal Acquisition Regulation (FAR) requires that large businesses that are awarded government projects over $500,000 develop and solicit subcontracting opportunities to small businesses. This includes, HUBZOne, Service Disabled Veteran-Owned, Woman owned and Small Disadvantaged Business entities.

However, unless approached correctly, you may run into some problems such as:

  • Large businesses giving the canned approach – “we don’t have any opportunities
  • Your are told that “we have our own preferred subcontractors
  • Your are told “there are no subcontracting opportunities

There ways to deal with these approaches. It is well know across the country that the government does not aggressively oversee large business subcontracting plans. As federal contracting consultants and former government contracting executives, we know this to be a reality.

Large Business Success

As a large federal contractor, there are always ways to improve your current strategy in getting government contracts. If you are a new contractor, you can invest in a well-versed and experienced government contract consultant on your team. Your focus should include:

  • How to develop relationships with small businesses
  • Learn how to better market your company
  • Learn the best approach to events to get the best bang for your buck
  • How to write more competitive responses to RFP’s

Small Business Success

As a small business, you must develop a plan of action that sets you on the right path to success. You should set aside a budget to get professional help on your team. If you are new to government contracting, getting the help you need can bring returns and improve your bottom line – more revenue. You must focus on:

  • Market Research
  • Developing Relationships with agencies
  • Knowing the federal procurement rules

Summary

The government is the largest customer of commercial services and products. You learn how to effectively pursue the government market by getting experienced help. If you retain a consultant, ensure that they understand both the federal procurement rules and act on solid market data. Anything else is guesswork.  Both large and small contractors are experiencing difficulty in getting government contractors. There is a reason why.

For more information or additional help, call Theodore Watson at 720.941.7200

SBA 8a Joint Venture Agreements

Monday, May 25th, 2009

By: Theodore Watson, Attorney and Consultant

The Small Business Administration (SBA) 8a Program allows small business to form a joint venture (JV) with other small companies. This is allowable when the 8a cannot complete the federal contract by itself. The guidelines for operating under a joint venture should not be overlooked. When relationships go sour, the 8a company should be concerned about such problems as termination (if it cannot finish the project).

The SBA must approve the Joint Venture (and the Joint Venture Agreement). If the project is for a total small business set aside the SBA does not have to approve the JV simply because an 8a company is involved. Furthermore, any amendments to the agreement must also be approved by the SBA.

Key points for approval include:

  • Substantial benefit to the 8a company
  • The 8a company must manage and be responsible for the contract
  • The agreement must be fair and equitable
  • For a size standard based upon employees, the procurement must exceed $10 Millio
  • For size standards based upon revenues, the project must be over one half the size standard amount

Good Business Judgment When Entering into a Joint Venture Contract

Choosing a JV partner needs careful consideration and due diligence. Given the tough economy, government contracts are becoming more competitive. As a result small businesses are seeking creative ways to acquire federal projects. Large businesses are also seeking out small businesses as joint venture partners. If you choose to pursue a JV partner, you should consider the following.

  • Ensure that you have someone on your team that understands the ins and outs of JVs
  • Have a government contract attorney review or draft your joint venture agreement
  • Thoroughly perform your due diligence on the potential JV partner (past performance, financial strength etc.)
  • Ensure that the responsibility of each joint venture partner is clearly spelled out
  • Ensure that you have a well thought out quality assurance plan to minimize risk of nonperformance

If you are not familiar with this aspect of federal procurement, you should consider hiring an experienced consultant or government contract lawyer.

Prior Approval by SBA Required Only in Certain Situations

The SBA must only approve a JV agreement if there is an 8a set aside. Oftentimes contractors wait until the government advertises a contract to then find a JV partner. This sometimes too late and the SBA has no responsibility to ‘speed things up’ for you. This creates problems for proposal submission. You simply cannot get around SBA approval for 8a companies. However, the SBA is ONLY required to approve agreements for 8a set asides. The Office of Hearing and Appeals made this clear in Size Appeal Diversified Global Partners JV LLC, SBA No. SIZ-4967 (2008). The following are some of the key points for JV approval:

  • SBA must approve a joint venture agreement prior to the award of an 8(a) contract on behalf of the joint venture
  • Contract execution. Where SBA has approved a joint venture, the procuring activity will execute an 8(a) contract in the name of the joint venture entity
  • Amendments to joint venture agreement. All amendments to the joint venture agreement must be approved by SBA
  • Inspection of records. SBA may inspect the records of the joint venture without notice at any time deemed necessary

In one case OHA ruled that neither SBA area offices nor OHA have authority to review mentor/protégé eligibility issues, including mentor/protégé and joint venture agreements. The Court analyzed a recent decision, Size Appeal of White Hawk/Todd, A Joint Venture, SBA No. SIZ-4950 (2008), which held that only SBA’s Office of Business Development has authority to review a mentor-protégé agreement. Thus, concerns regarding whether a mentor/protégé relationship fully complies with the applicable regulations should be dismissed if raised in a size protest to an SBA area office or on appeal to OHA.

Contents of the Joint Venture Agreement

It is common for contractors to copy JV templates from the internet, rather than having a government contract attorney to draft a solid document. Choosing such shortcuts can be costly in the end. You must remember that SBA templates may contain the minimum requirements for SBA approval. This has nothing to do with issues that may arise during litigation of the JV relationship. Every joint venture agreement to perform an 8(a) contract, including those between mentors and protégés authorized by Sec. 124.520, must contain a provision:

Setting forth the purpose of the joint venture

Designating an 8(a) Participant as the managing venturer of the joint venture, and an employee of the managing venturer as the project manager responsible for performance of the 8(a) contract

Stating that not less than 51 percent of the net profits earned by the joint venture will be distributed to the 8(a) Participant(s)

Providing for the establishment and administration of a special bank account in the name of the joint venture. This account must require the signature of all parties to the joint venture or designees for withdrawal purposes. All payments due on joint venture contract for performance on an 8(a) contract will be deposited in the special account

  • all expenses incurred under the contract will be paid from the account as well
  • Itemizing all major equipment, facilities, and other resources to be furnished by each party to the joint venture, with a detailed schedule of cost or value of each
  • Specifying the responsibilities of the parties with regard to contract performance, source of labor and negotiation of the 8(a) contract
  • Obligating all parties to the joint venture to ensure performance of the 8(a) contract and to complete performance despite the withdrawal of any member
  • Designating that accounting and other administrative records relating to the joint venture be kept in the office of the managing venturer, unless approval to keep them elsewhere is granted by the District Director or his/her designee upon written request
  • Requiring that the final original records be retained by the managing venturer upon completion of the contract
  • Stating that quarterly financial statements showing cumulative contract receipts and expenditures (including salaries of the joint venture’s principals) must be submitted to SBA not later than 45 days after each operating quarter of the joint venture AND
  • Stating that a project-end profit and loss statement, including a statement of final profit distribution, must be submitted to SBA no later than 90 days after completion of the contract

Performance of Wor

For any SBA 8a Joint Venture Contract, including those between mentors and protégés authorized by 13 C.F.R. Sec. 124.520,  the joint venture must perform the applicable percentage of work required by Sec. 124.510, and the 8(a) partner(s) to the joint venture must perform a significant portion of the contract.

Problems during Contract Performance

Oftentimes, the joint venture partners will encounter disputes during the performance period.  The managing partner must be very cautious in this scenario because he controls the venture. Sound decisions must be made simply because liability may arise for nonperformance. Common disputes can include:

  • The non-managing joint venture partner wants to control the project
  • The partners do not agree upon how a specific part of the contract should be performed
  • One of the partners wants to amend the terms of the joint venture agreement

The key to resolving disputes in a joint venture relationship is to know who is in control. The 8a firm must be in control of the joint venture relationship. Many companies believe that after the initial agreement is approved, then it is not important what happens afterwards. Nothing can be far from the truth. This is where having an experienced government contract attorney can help. He or she should be able to advise you when problems of control arise.

Arbitration Clauses

A highly complex situation arises when arbitration clauses are involved. It is important that the arbitration clause in a joint venture agreement is intended to resolve disputes during contract performance.

For example, an arbitrator may step in to assign duties and responsibilities with a focus on getting the contract performed while the dispute is settled.

However, the arbitrator does not have jurisdiction to amend the joint venture agreement. Under 13 C.F.R 124.513 (g), ONLY the SBA can approve an amendment to a joint venture agreement. The legal analysis here is that this section provides exclusive jurisdiction to the SBA.

Therefore, any arbitrator decisions that amends the terms and conditions of the original joint venture agreement must be struck as void. A decision that allows the non 8a company to make controlling decisions arguable changes the terms and conditions of the original agreement.

Government contract attorneys should be aware of this subtle but concise rule of law. It is important to note that the SBA approved Joint Venture Agreement contemplates that partnerships may dissolve or end for whatever reason. For example, the rules address wing up of the JV and what should happen to accounting information etc. If another authority besides the SBA attempts to amend or change the rules, an argument for lack of subject matter jurisdiction should arise.

Fraud

As previously mentioned the 8a firm must be in control and derive a substantial benefit from the contract. In the event that either party (or both) submits a proposed agreement  and with the intent of later  allowing the non-8a firm to control  the contract, then each may be subject to fraud claims from the government. This is particularly common when large businesses enter into a JV agreement with a small business. The most prevalent industry is in construction where the large business brings bonding to the table.

The congressional intent as set forth in the law is to create “substantial benefit to the 8a Firm, and to have the 8a company control the project.

If you seek a government contract lawyer to help with JV agreements or to review or draft your joint venture agreement, contact Watson & Associates, LLC at 720.941.7200.

Marketing to the Federal Government

Monday, May 25th, 2009

By: Theodore P. Watson, Government Contract Attorney and Consultant

After 911, access to the federal government has become very limited. Contractors now have to create new and innovative ways to market to the agency to sell their services and products. As many successful contractors know, building relationships with the government is one of the critical aspects of marketing to the government.

  • There are over 80,000 agencies
  • There is no bigger business than selling to government
  • Marketing to the government takes time and is definitely not a simple task

There are no short cuts to acquiring government contracts. Many companies incorrectly believe that marketing to the federal government is done in the same manner as in the commercial sector. As a result, they spend thousands of dollars hiring employees with inflated resumes, going to events that don’t get results or simply not spending to the time to develop relationships with the agency decision-maker.

Analysis of Marketing to the Federal Government

Most companies will start the process in federal procurement as a subcontractor. This is especially true with construction contracts. However, given the push for more awards to small businesses, you can be successful with the right approach. For example, teaming arrangements.

As a product vendor, you should simultaneously start to acquire leverage in the commercial market. The government wants to know your performance in the commercial sector in order to weigh its risk when you first come to the federal marketplace.

  • Building a reputation in the commercial sector is critical to your performance ratings in federal contracts
  • Having your marketing staff keep statistical data on the success of your commercial efforts. This is an important piece when writing responses to solicitations and RFPs.

Know the Landscape of the Federal Market. Many companies quickly jump into the government contracting arena without knowing the ‘turf’. When our marking consultants assist clients with marketing to the federal government, we first gather data on the agency buying habits. This is critical.

  • Understanding the government’s buying habits is key to a successful marketing campaign
  • There are over 80,000 agencies. Scouting the market narrows your focus
  • You must know which agency buys your product or service
  • Knowing the market saves money and effort
  • You must also know your competitors and who is also selling to the agency
  • Market research and target specific agencies
  • You should target emerging contractual vehicles ( service disabled, 8a, HUBZone and GSA)

Developing and Proving the Caliber of Your Service or Product is Critical. As a former government contracting official, I’ve seen many businesses present themselves both on paper and by in-person briefings. The results were sometimes damaging to the contractor.

Marketing to the government takes effort, skill and patience. You cannot simply think that procurement personnel are sold by sending them a one-page document that has your company name and address on it.  Nor does a simple brochure that tells them your product or service is the best thing on the earth sell them either.

  • You must know the agency’s problem and be able to let them know you can fix it
  • Quick delivery and turnaround time is an essential element of selling a product
  • The government demands quality and innovative ways to solve problems
  • Your reputation is also critical when marketing to the federal government

Marketing to the government is not easy but the return can make it worth your while. As mentioned earlier, there are no get-rich schemes to acquiring government contracts. As federal marketing consultants, our firm focuses on developing solid marketing materials that talk about:

  • Solving the agency’s problems
  • Quality and reputation
  • Cost-effectiveness
  • Additional value concerns to the government
  • Who you are and what you have done
  • Showing that you know Industry and any future developments

Marketing materials that contain anything else will not be taken seriously. The government simply wants to know “what do you bring to the table and how can you solve its problems?”

Using Corporate Ad Agencies Does Not Help

Using a corporate ad agency to market to the federal government does not help. As mentioned before, building relationships with the agency calls for a different skill set that normally required in the commercial market place. Although one or two of the marketing companies may have a track record, the others tend not to grasp the procurement rules and regulations.

GSA Schedules – Good or Bad?

As government contract attorneys and marketing consultants, we often advise our clients to never fall for the old saying “get a GSA schedule and just wait for the phones to ring.” Marketing to the government just doesn’t magically get you millions. About 3-5% of GSA contractors control most of government dollars.

To successfully capture dollars on a GSA schedule you must also:

  • Understand whether the government buys your service or product on GSA schedule
  • The geography of what agencies and where are your targeted market agencies
  • Remember that getting on GSA schedule should only be part of your entire marketing strategy and not the end

Should Branding and name recognition be the forefront when marketing to the government? Shockingly, the answer is a big “NO.” Except for computers, where DELL controls the government market, the government wants to know the bottom line; can you solve their problem AND what do you bring to the table?

  • Commercial branding  does not guaranty you government contracts
  • You simply should not market to the government in the same fashion as in the commercial sector – this is the biggest and most expensive mistake made by new federal contractors.

Tradeshows

Many small companies cannot afford to attend tradeshows. The question is whether they are really effective when marketing to the federal government. A few points should be made:

  • Tradeshows eat up big bucks
  • Don’t expect miracles to happen at an event
  • You must strategically select which tradeshows to attend
  • When picked carefully, trade shows bring great success for government contract marketing
  • Prepare you materials to send a particular message (You can solve an agency problem or to demonstrate the benefit of your product)
  • Go to smaller tradeshows where decision makers tend to be
  • Segment the market and focus and sizing up opportunities

Hiring Your Marketing Team

Many government contractors seek to hire former government personnel in hope of landing big contracts. Yes, it looks good on paper but hiring the wrong person can also be disastrous. Watson & Associates, LLC have former contracting offices and small business personnel on staff. However, our consulting strategy is based on a more focused approach instead of hope and guess work.

  • Never believe that the only way to market is to hire a person in Washington, D.C. This guarantees you nothing.
  • Learning  the market and learning to build relationships can be done from anywhere in the country
  • Watch for spam e-mails professing to get government contracts

Searching for capable teaming partners can be very effective

As government contract and marketing consultants, we often advise our clients to seek out capable teaming partners. It is no big secret that small companies lose out on opportunities that may be too large for one company to handle. Thus, the only capable contractor would be the larger businesses.

In fact, larger businesses are seeking teaming arrangements with select small business such as service disabled veterans and 8a companies.

  • Get advice on selecting a teaming partner
  • You can now ,market you teaming partner’s capability along with your own

Key Marketing Tips

  • Tradeshows (when carefully selected) can bring big dividends
  • Following up on contacts from tradeshows is the biggest mistake made
  • Remember that building relationships is the key to success
  • People ( the government is comprised of people) like to buy from people they meet face to face
  • Marketing to the government is based on problem solving and desire to serve
  • Do not hire commercial marketing companies that guaranty results
  • If you are going to retain a government contract consultant, then ensure that they understand the rules and the market
  • Government contract marketing must focus on how the government sees your company ; whether you can solve its problems; who you are and what have you done
  • Get the right marketing consultants on board
  • Know how to demonstrate your product or service; highlight the benefits or value to the government
  • Your marketing strategy must be consistent

If you are seeking competent government contract consultants, feel free to contact Watson & Associates, LLC at 720.941.7200

Mistakes When Bidding on Federal Contracts

Saturday, May 2nd, 2009

How To avoid Mistakes When Bidding for Government Contracts

By: Theodore P. Watson, Esq

It is no secret that government contracting is a lucrative business venture. Many small and medium sized businesses are now moving to federal contracts to get increased revenues. The commercial economy is definitely a tough market and competition and survival is tough. When bidding on government contracts RFP and solicitations, you must also know the ground rules to play the game. Alike the commercial sector, the government procurement process creates virtually the same challenges. So what really is different? Why are business moving to the government market place if bidding is just as difficult?

The following points are indisputable:

  • The federal government (DOD) is the largest customer of commercial supplies and services.
  • Bidding on government contracts can potential guaranty you income for at least one year (many bid awards are generally for I base year and 3 option years).
  • Registration and qualification standards to do business with the government are very easy
  • State contract awards oftentimes are lower in amounts than federal contracts
  • Small business programs in the federal market are taken more seriously that state contracting

The difference between government and commercial contracts is substantial

For example:

  • Federal procurement is governed and regulated by regulations and statutes
  • A contractor does have some legal recourse in federal contracting as compared to the commercial sector
  • Subcontractors to large contractors in government contracting have more of a right to subcontracting opportunities than in the commercial and state sectors

Are attorneys necessary in  federal contracting?

This depends on your idea of smart business. As mentioned before, federal contracting, although very lucrative, is regulated by a myriad of regulations. When bidding on government contracts, you must be familiar with all of the FAR clauses and complex regulations that bind you.

When bids are award, the contract also contains numerous clauses for which you have the obligation to know and comply. Most successful federal contractors have government contract attorneys either on staff or on retainer.  This can be a wise decision when certain issues arise.

For example:

  • Bid protests
  • Allegations of fraud
  • Ethical matters
  • Contract termination
  • 8a or HUBZone matters
  • Teaming agreements or Joint venture matters

The penalty for failure on a government project can immensely cripple your business. The decision whether or not to retain outside attorneys or not is simply a decision that you must make.

How to Position Yourself to Take on Larger Government Contracts

Many contractors across the country grapple with this question. There are concerns about bundling which the SBA is supposed to be monitoring. When contracts are too large for one business to handle, the best approaches to bidding on solicitations include:

  • Consider entering into a teaming agreement with a reputable firm
  • Joint Ventures
  • Subcontracting to a larger firm that has the requisite past performance
  • At last resort, seek the larger contract awards and pursue subcontracting opportunities

Our staff of government contract lawyers are frequently called upon to draft teaming agreements for businesses that are looking to join forces for the larger projects. There are some very important rules that will apply to such teaming arrangements and joint ventures.

These include:

  • If you are a small business, ensure that you are performing at least 51% of labor costs (there are some exceptions to this rule depending upon you NAICs code)
  • Ensure that the awardee (8a, HUBZone or Service Disabled Veteran Owned Business) does the critical parts of the project
  • Do not rely on a large subcontractor’s employees
  • The smaller prime must have overall responsibility for the project
  • The small business (prime) must demonstrate that it has marketed and pursued the contract

When you are bidding on government contracts, you must be familiar with the various teaming rules. Failure to abide by these basic regulations can cost you the bid award in a protest to the SBA.

Mistakes in the bidding process

When contractors bid on government RFPs and solicitations, they often scan the RFP and statement of work to quickly decide that “we can do this work.”

When the RFP is announced on FBO you must read entire solicitation very carefully. The agencies are generally very specific about that they want to see in your bid. Many federal contractors also know that you must provide exactly what the government wants in the solicitation.

This is true. However, successful competitors know that you must just do more than the minimum to prevail in the award.  Bidding with the bare bones of the solicitation may only get you into the competitive range (final pick for consideration).

Notice that the competitive range has the keyword “competitive” in the phrase! This is a mistake that ‘flies’ over most bidders for a government contract.

  • You must add competition and value into your response to the RFP
  • Do not be afraid to use commercial past performance in your response
  • Don’t forget to also add the past performance of you subcontractors
  • Focus on beating your competitor by adding value to the solicitation requirements

As government contract consultants, we rarely just write an RFP that merely includes the bare bones requirements. The probability of you winning the contract is greatly minimized.

The bottom line is that you must faithfully read the RFP, think about how you can compete  against your competitor and add value for the government. For additional help, contact our office at 720.941.7200