Vendor Engagement Tips - The Contracting Education Academy at

Vendor Engagement Tips

Pre-solicitation Discussion 

Review Federal Acquisition Regulation Subpart 15.201” Exchanges with industry before receipt of proposals”.

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FAR encourages exchange information with all interested parties at the time we identify our need and as long as we are consistent with procurement integrity rules.

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Interested parties

Potential offerors  end users  Government acquisition and supporting personnel  Others involved in the conduct or outcome of the acquisition. 

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Why are we encouraged to promote early exchanges of information about future acquisitions? Give offerors a better understanding of our requirements  Allow us to have a better understanding of industry capabilities  Allows potential offerors to see if they can satisfy the Government’s requirements  Enhancing our ability to get the best bang for the $ (fair and reasonable price)  Receive better proposal  Allows: better technical and cost/price evaluation proposal evaluation, negotiation, and contract award  Why are we encouraged to promote early exchanges of information about future acquisitions? 

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Why exchange information with industry 

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Identify and resolve concerns regarding the acquisition strategy proposed contract type terms and conditions acquisition planning schedules feasibility of the requirement performance requirements statements of work/objectives/Performance work statement 5

Why exchange information with industry

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data requirements suitability of the proposal instructions evaluation criteria approach for assessing past performance information availability of reference documents any other industry concerns or questions. 6

Some techniques to promote early exchanges of information    

Industry or small business conferences/fairs Public hearings Market research One-on-one meetings with potential offerors (any that are substantially involved with potential contract terms and conditions should include the contracting officer (reminder not to violate procurement integrity requirements or FOIA

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Some techniques to promote early exchanges of information   

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Pre-solicitation notices Draft RFPs/Specifications RFIs: when we want to get information on price, delivery, other market information, or capabilities for planning purposes. Note: notices are not offers and cannot be accepted by the Government to form a binding contract. No required format for RFIs. Pre-solicitation or pre-proposal conferences Site visits.

Note: Early exchange of information is done between industry, government program manager, contracting officer, and other stakeholder in the acquisition process

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How do we get information and solicit industry feedback

Government portals (FBO, ebuy other agency portal, industry portals, email faxes)  business

fairs  long-range procurement estimates  Pre-bid or pre-proposal conferences  meetings  draft solicitations or draft specifications for review  RFIs 9

What are the rules? Provide information Agency mission needs Future requirements Any time. Note how to prevent the appearance of an unfair advantage:  If you disclose specific information about a proposed acquisition that is necessary for the preparation of proposals to one or more potential offeror, must make the information available to the public as soon as practicable, but not later than the next general release of information.  Information provided to a potential offeror in response to its request must not be disclosed if doing so would reveal the potential offeror’s confidential business strategy (note procurement integrity and FOIA rules) 10

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Pre-solicitation or pre-proposal conference, materials distributed at the conference should be made available to all potential offerors, upon request.

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Remember after the solicitation is released the CO is the only focal point of any exchange with potential offerors.

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Recommendations

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