Contracting Officer Podcast Slides

1. Contracting Officer PodcastSlides Knowledge & Insights From Contracting Officers

2. Episode 021 What is Pre-RFP Communication? Original Air Date: April 5, 2015 Hosts: Kevin Jans & Paul Schauer

3. Formatting notes • Hyperlinks: Blue font indicates hyperlinks – presentation must be in ‘Slide Show’ mode to activate the link • Red bold font indicates a point of emphasis • Green bold font indicates CO’s personal comment or perspective

4. Introduction – What is Pre-RFP Communication? • Book answer: • FAR 10.001(a)(2)– Agencies must conduct market research appropriate to the circumstances before soliciting offers • for acquisitions above the SAP. • for acquisitions below the SAP when adequate info is not available and circumstances justify the cost. • FAR 15.201(a-c): • Exchanges of information among all interested parties earliest identification of a requirement through Proposal submittal (consistent with 3.104) • the purpose is to improve the understanding of Government requirements and industry capabilities, • to qualify opportunities for industry • enhance the Government’s ability to obtain quality supplies and services • Agencies should promote early exchanges about future acquisitions with the program manager, contracting officer, etc • To identify and resolve concerns regarding the acquisition strategy, contract type, schedule; performance requirements, evaluation criteria, past performance information; • Techniques to promote early exchanges include industry conferences; one on one meetings with potential offerors, presolicitation notices, RFIs, DRFPs, and SITE VISITS. Yup. Site visits.

5. Introduction – What is Pre-RFP Communication? • FAR 15.201(a-c): • Exchanges of information among all interested parties, from earliest identification of a requirement through Proposal submittal (consistent with FAR 3.104) • The purpose is to improve the understanding of Government requirements and industry capabilities, • to qualify opportunities for industry, AND • enhance Government’s ability to obtain quality supplies and services

6. Introduction – What is Pre-RFP Communication? • Agencies should promote early exchanges about future acquisitions with the program manager, contracting officer, etc. • To identify and resolve concerns regarding the acquisition strategy, contract type, schedule; performance requirements, evaluation criteria, past performance information • Techniques to promote early exchanges include industry conferences; one on one meetings with potential offerors, presolicitation notices, RFIs, DRFPs, and SITE VISITS.

7. Introduction – What is Pre-RFP Communication? • Our answer: Any communication prior to RFP release • The Acquisition Team (this includes the CO) learning the “art of the possible” to meet a requirement. • Buyers call it: market research, ‘learning the market’, or “shopping” • Sellers call it: business development, relationship development, or “selling” • Within ethical limits. Honestly, ethics are common sense.

8. When does Pre-RFP Communication happen? • The Acquisition Team does market research • Requirement is defined already, but… • May be REFINED by market research • Communication is wide open • Informal: Internet searches, secondary market research, searching existing contracts and gov’t databases • Formal: RFIs, primary market research, asking direct questions, meeting with and talking to potential vendors • See Episode 013 – Market Research Zone • Acquisition Time Zones (from Podcast Episode 003) • Requirements Zone • MarketResearch Zone • RFP Zone (proposal zone) • Source Selection Zone

9. Why is Pre-RFP Communication Important? Guessing vs Pushing • Acquisition Team wants to communicate with industry to develop an acquisition strategy that reflects the market research they collect • If they are not asking questions, listening and integrating the feedback before they release the RFP, they are just guessing • Industry wants to communicate with acquisition team to ‘shape’ the RFP to match their capabilities • This is not bad - it is the POINT of market research

10. Why is Pre-RFP Communication Important? • The closer the RFP is to what industry can actually do, the better the resulting contract will be • However, if industry is not asking questions, listening to the acquisition team’s requirement and integrating the responses, they are just pushing (their product or service) • This tension is why many COs do not want to talk to Industry: it feels more like a sales call than market research • In your last ‘one on one’ with PM/CO/customer - did you ask questions about their needs, or did you just push your company’s capabilities?

11. Why Should Government Care? • Book answer: FAR 10.001(a)(3) • Use the results of the market research to determine • If sources are capable of doing the work actually exist • Can acquisition be made through commercial procedures • Or modified from commercial • How do these capable firms actually perform, distribute, support, warranty, maintain, package, etc…

12. Why Should Government Care? • Our answer: • Acquisition Team will get better products, better services, better contracts, and fewer (and better proposals) • More time up front, but less time overall • You will likely get fewer protests (unless you ignore FAR 3.104)

13. Why Should Industry Care? • Book answer: FAR 15.201(f) • Contracting Officers are concerned that the risk outweighs the reward: • General information about agency mission needs and future requirements may be disclosed at any time. However, • After RFP release, the CO must be the focal point of any exchange with potential offerors, and information disclosed to a potential offeror(s) must be made public to avoid creating an unfair competitive advantage. • FAR 3.104 – Procurement Integrity, can be a minefield

14. Why Should Industry Care? • Our answer: • COs think you are just going to pitch your product/service • COs do not want to be accused of playing favorites (or worse, being unethical) • Use common sense and respect the fact that they need to be impartial

15. Summary • Pre-RFP Communication is vital to success for both sides • Government must conduct thorough market research • Industry hopes to shape the RFP to best suit their offer • Substantial time and effort invested up front saves even more in the end • Ethics (and appearances) are important – maintain the integrity of the relationship and contracting process

16. Contact us • We are on LinkedIn, Twitter and Facebook • We also started the Government Contracting Network Group on Facebook. Join us there! • Send your topics to paul@Contractingofficerpodcast.com • For Community support, contact Shelley Hall at shelley.hall@skywayacquisition.com