Start with these steps to gain a competitive edge and improve your chances of winning a government contract.
Navigating procurement laws and regulations can be challenging. An operative understanding of the relevant procurement laws and regulations combined with practical experience guides clients through the lifecycle of government contracts. Nyemaster's Contracts and Procurement practice applies its attorneys' experience in government contracting law to identify the key points in government solicitations to help clients craft clear, concise proposals, all while capturing the client's market edge.
Winning federal contracts requires a basic understanding of the Federal Acquisition Regulation (FAR). For Iowa state-level contracts, you need familiarity with the Iowa Administrative Code and vendor registration with the Department of Administrative Services. Even with such knowledge, you are unlikely to win a contract unless you know how the evaluation process works.
As a former active-duty military attorney practicing procurement law for the U.S. Air Force, I bring a unique perspective on how federal contracting officers approach, award, and administer contracts. I've also seen successful businesses manage performance amid evolving regulations and requirements.
By following these strategies, contractors can draft federal government contract proposals that elevate their competitiveness and likelihood of award.
UNDERSTAND THE JOB. FOLLOW THE INSTRUCTIONS.
Successful offerors for federal procurements have an expert grasp of the customary contract documents.
Know the government's deliverables. Section C (Performance Work Statement/Statement of Work) describes what the government agency needs and what you must accomplish, as well as the proposed terms and conditions.
Ensure your proposal substantially aligns with the required work in Section C, but be an overachiever. Emphasize the extra features of your proposal to increase your chances of winning.
In contracts where the evaluation is based on more than just cost (e.g., best value tradeoff), evaluations will start at whether the offeror meets minimum requirements. The winning strategy emphasizes how much value you add over and above what the government needs.
Know and keep to the rules. Section L (Instructions) describes the rules and procedures for how offerors should craft and submit proposals.
Follow these mandates explicitly. Agencies look for any way to distinguish value between offerors in a competitive market. A failure to follow simple requirements such as font size, formatting, spacing, page limitations, and submission deadlines can doom your proposal when evaluated by the agency or the U.S. Government Accountability Office (GAO), which adjudicates federal contract bid protests.
Know how you're evaluated. Section M (Evaluation Factors) forms the basis for evaluating contractor proposals.
Always tailor your proposal to the specific requirements, instructions, and evaluation factors in solicitations or requests for bids. Focus on which factors and subfactors are given greater weight, and identify and leverage potential factors that are not as strong.
More often than not, unsuccessful offerors merely tell the government what their businesses do without showing how it will deliver exactly what the government needs.
BE CLEAR. BE SPECIFIC. BE CONCISE.
How you present your submission is just as important as its content. Proposals should be organized and professional.
- Ensure proposals are error-free. Sloppy proposals or a "casual approach" to proposals (for example, proposals containing many grammatical errors) may be rejected by the procuring agency and the GAO. Everything in your proposal—from the words to the graphics and charts—affects your competency in the eyes of evaluators. Your proposal should be triple-checked for professionalism.
- Balance technical detail... Specificity trumps generality. The reviewing agency will find less risk in a detailed proposal: the greater the level of detail, the greater the evaluator's confidence in your ability to perform.
- ...with logical, relatable descriptions. Many functional and technical disciplines (such as contracting, engineering, legal, and accounting) will review your proposal. Your proposal should be easily understandable by each discipline. Use charts and graphs rather than wordy descriptions when possible. Include an executive summary to aid award evaluators.
HIGHLIGHT YOUR MARKET EXPERTISE.
You will likely be asked to provide capability-related information about your personnel, as well as past performance examples. Distinguish your proposal from others. Present such information to best posture your submission.
- Emphasize Key Personnel
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- Include résumés—even if not required by the agency in Section L—to demonstrate competence and experience. Contractors in best value tradeoffs have lost awards by not submitting résumés even though they received the highest evaluation ratings for performance. Remember, résumés should be professional, too; they reflect on the company's culture.
- Highlight any best practices to show your competence and qualifications. Focus on internal quality control and compliance programs, ethics and cybersecurity training, and leadership experience. These internal capabilities, while not often required in solicitations, demonstrate the qualities of a sophisticated and reliable contractor.
- Showcase Past Performance
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- Describe how similar, successful past performance will ensure proper performance of the contract at issue. The evaluator will prefer a proven track record of success. The more targeted experience you can show, the more likely an evaluator will believe you understand the proposed contract and have the personnel to successfully perform it.
- Provide comprehensive past performance (even if not perfect). Embrace less than stellar reviews, especially if the solicitation requires referrals or a set number of past performance histories. Distinguish the circumstances of the previous contract from the current one, and highlight the corrective actions taken to remedy past issues. Staying silent only serves to amplify the issue.
Following these simple strategies can provide an edge in winning awards. Nyemaster can help government contractors submit their best contract proposals and avoid common pitfalls along the way. We help emerging start-ups, small businesses, and Fortune 500s navigate complex legal and regulatory challenges affecting their business with the state and federal government.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.