More Information About Starting Your Small Business
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Unsuccesful Bids |
Debriefing and
Evaluation in the Negotiation Process |
Each proposal is evaluated in detail
before a contract is awarded. If your company was not awarded the
contract, you may ask the contracting officer for a debriefing. This
debriefing may be take place in person or by phone. You may ask the
contracting officer which aspects of your proposal prevented your
company from receiving the award and how you may improve in the future.
Many women business owners have found this constructive criticism
to be the key to successfully responding to future solicitations by
the federal government. |
Certificate of Competency |
A small business may not receive the
federal government contract on which it bids even if it is the lowest
bidder. A contracting officer who determines that that the small business
lacks certain elements of responsibility, may propose to reject the
bid. Elements of responsibility include, but are not limited to, competency,
capability, capacity, credit, integrity, perseverance and tenacity.
The SBA is authorized by law to certify a small business with regard
to any of these elements of responsibility. Consequently, if a contracting
officer rejects or proposes to reject a bid of a responsive small
business on any of the elements of responsibility, the case is referred
to the SBA. The small business is notified of this decision by the
SBA and given the opportunity to apply for a certificate of competency
(COC).
The bidder must furnish SBA with data and documentation to establish
responsibility. This may include items such as letters of credit,
current financial status, supplies or vendor quotations (if applicable)
and production plans (if applicable).
The SBA will review the firm's application and, if it grants the
COC, it is binding on the contracting officer. A COC is valid only
for the specific contract for which it is issued. |
Protests with an Agency or with the
General Accounting Office |
Bidders who object to what they consider
to be an improper award to another contractor have the right to file
a protest against the award with the contracting officer. The protest
must have a basis and it must be specific and timely. Contractors
may file an initial verbal protest, but it must be followed up in
writing. The contracting officer will confirm, in writing, the telephone
conversation with the protestor and advise her that she has a certain
period of time, usually one week, to file the written complaint. Protests
should generally be made before the contract award because, once made,
the government rarely terminates a contract and issues a re-solicitation.
The needs of the government for the product or service usually prevail.
The protestor is notified in writing of the final decision on her
protest. In addition to filing a protest with a contracting officer,
the bidder an protest to the General Accounting Office. These are
strict rules that must be followed in order for the protest to be
timely. If not adhered to, the protest will be dismissed automatically.
A protest to GAO is initiated by filing a complete written protest
addressed to General Counsel, General Accounting Office, Washington,
DC 20548, Attention: Procurement Law Control Group. A copy of the
protest must be filed with the contracting officer or the individual
or location identified for that purpose in a solicitation within
one day after filing with GAO.
References:
- U.S. General Accounting Office, Bid Protests at GAO: A Descriptive
Guide. (available from the U.S. General Accounting Office, Washington,
DC 20548)
- The Federal Acquisition Regulation, Part 14 (Formal Advertising),
Paragraph 14.407.8. "Protests Against Award."
- The Federal Acquisition Regulation, Part 15 (Contracting by
Negotiation), Paragraph 15.1003, "Protests Against Award."
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