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ARTICLE · 27 JANUARY 2017

How To Approach Best Value RFPs And Protest Improper Award Decisions

Fox Rothschild LLP
Fox Rothschild LLP
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Government contractors responding to RFPs understand the need to read the fine print. Mostly commonly, we discuss this topic in terms of pure proposal acceptability.

United StatesGovernment, Public Sector
Nicholas Solosky
Nicholas Solosky
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Government contractors responding to RFPs understand the need to read the fine print.

Mostly commonly, we discuss this topic in terms of pure proposal acceptability. Protest decisions from the GAO and Court of Federal Claims make it abundantly clear that the burden falls on the contractor to follow directions and include all of the required information in all of the right places. It is for that reason (among others) that we always recommend having an outsider (be it a consultant, a lawyer, or even just another person from your company not involved in preparing the proposal) do a quality check before a proposal is submitted.

A more nuanced issue – but just as important – is understanding the RFP's evaluation scheme. That is, not only what information must be submitted, but how that information will be weighed and measured by the Agency.

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