Overview
Subpart 15.2 outlines the policies and procedures for communication between the Government and industry during the solicitation process. It covers the release of Requests for Information (RFIs) and Requests for Proposals (RFPs), the standardized format for contracts, and the strict protocols for receiving and handling proposals to ensure a fair and competitive environment.
Key Rules
- Early Exchanges: The Government is encouraged to exchange information with industry as early as possible (e.g., industry days, draft RFPs) to refine requirements, though any information shared that is necessary for proposal preparation must be made available to all potential offerors to avoid unfair advantages.
- Uniform Contract Format (UCF): Most negotiated solicitations must follow a standardized 13-section structure (Sections A through M), organized into four parts: The Schedule, Contract Clauses, List of Attachments, and Representations/Instructions.
- "Late is Late" Rule: Proposals received after the exact time specified in the solicitation are generally not considered. Narrow exceptions exist for Government-side electronic infrastructure failures (if sent by 5:00 p.m. the previous day) or if the proposal was under Government control prior to the deadline.
- RFIs vs. RFPs: Requests for Information (RFIs) are for planning and market research only; they do not constitute an offer that can be accepted to form a binding contract. Requests for Proposals (RFPs) are formal solicitations used to communicate requirements and evaluate offers for award.
- Amending Solicitations: If the Government changes its requirements after a solicitation is issued, it must issue a formal amendment. If a change is so substantial that additional sources would likely have competed, the CO must cancel the original solicitation and issue a new one.
Responsibilities
- Contracting Officer (CO):
- Serves as the sole focal point for exchanges with industry after the solicitation is released.
- Determines whether to accept late proposals based on specific regulatory criteria.
- Responsible for safeguarding proposals from unauthorized disclosure (Procurement Integrity).
- Issues amendments and ensures they are distributed to the correct parties (all potential offerors before the deadline, or all remaining competitors after the deadline).
- Program Manager/Technical Personnel:
- Participate in early industry exchanges to refine technical requirements and statements of work.
- Collaborate with the CO to evaluate responses to advisory multi-step processes.
- Offerors (Contractors):
- Responsible for ensuring proposals reach the designated Government office by the exact time and date specified.
- Must comply with the instructions in Section L and address evaluation factors in Section M.
Practical Implications
- Strategic Communication: Contractors should take full advantage of "early exchanges" (draft RFPs and RFIs) to influence the acquisition strategy and ensure they understand the Government’s needs before the formal "blackout" period begins.
- Risk Management for Submissions: Because the "late is late" rule is strictly enforced by the GAO and Courts, firms should aim to submit electronic proposals at least 24 hours in advance to qualify for the "Government infrastructure" exception if a server delay occurs.
- Proposal Structure: Offerors must mirror the Uniform Contract Format in their responses. Specifically, Section L (Instructions) tells you how to write the proposal, while Section M (Evaluation Factors) tells you how you will be graded. Discrepancies between these two sections are a frequent source of bid protests.
- Advisory Multi-Step Efficiency: The advisory process (FAR 15.202) allows the Government to tell a firm they are "unlikely to be a viable competitor." While the firm can still submit a proposal, this saves industry significant money by discouraging "long-shot" bids on complex requirements.