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soliciation with no offers or late offers

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What happens if a soliciation is put out and no offers were received? What happens if you received an offeror after the RFQ closes? I am a newbie and will like to know where I can find information about this.

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Got some questions for you first.

You mentioned RFQ - is it a simplified acquisition (FAR part 13) or an order under GSA Schedule (FAR part 8.4)?

Did the solicitation include some late proposal language such as FAR provision 52.215-1 and specifically language similar to this:?

"ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ?late? and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and?

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government?s control prior to the time set for receipt of offers; or

(3) It is the only proposal received. "

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This is a simplified acquistion and is an order placed under GSA schedule. The solicitation is posted on GSA's eBuy. The RFQ didn't contain any clauses about late submission. My client will like this requiremnt by 4/1/09 but I have not received any offers for this and was wondering what usually happens if no offers were received. I was also wondering what will happen if I received a late offer.

Got some questions for you first.

You mentioned RFQ - is it a simplified acquisition (FAR part 13) or an order under GSA Schedule (FAR part 8.4)?

Did the solicitation include some late proposal language such as FAR provision 52.215-1 and specifically language similar to this:?

"ii)(A) Any proposal, modification, or revision received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ?late? and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and?

(1) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals; or

(2) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government?s control prior to the time set for receipt of offers; or

(3) It is the only proposal received. "

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If your RFQ did not contain a provision resticting later responses or is silent on the matter, you can accept a late response.

If you don't get any responses, you need to find out why. Perhaps there's something that limits companies ability to meet the requirements. The best thing to do is find out why. Ask your program office if they have any insight. Find out who the most likely candidates are on GSA Schedule and ask them if they were aware of the requirment and why they didn't respond. The problem with eBuy is the notice gets sent to one or a handful of contacts at each company. Unless the company is aware of an upcoming requirement, it may get overlooked.

If you're confident that sources exist on GSA to meet the requirement as stated in the RFQ, call them up and get a good point of contact. Then send them the RFQ directly. Don't relay on eBuy

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Let me amplify on formerfed's comments. The GAO has stated the following in KPMG Consulting LLP, B-290716; B-290716.2, September 23, 2002: ?Under a request for quotations (RFQ) issued in a competitive procurement under the Federal Supply Schedule, where the RFQ does not contain a late quotation clause, the contracting agency may accept quotation modifications received prior to the source selection if acceptance will not prejudice the other competitors.?.

The KPMG decision is consistent with earlier GAO decisions such as Instruments & Controls Services Company, B-222122, June 30, 1986: ?Where a request for quotations under small purchase procedures does not contain a clause advising that quotations must be submitted by a certain date to be considered, the contracting agency should have considered the protestor?s low quotation received prior to award since no substantial activity had transpired towards award and the other offeror would not have been prejudiced?.

When you prepare your RFQs be sure you are aware of what provisions you are inserting in the solicitation. Do not insert a late proposal provision if you do not want it.

When I was much younger and I was doing small purchases, I generally did them orally. When I did them in writing, I used a standard form requesting quotes. The standard form identified a time and date for submission of quotes, but did not invoke a late proposal provision. With the development of automated procurement systems, the introduction of Commercial Items coverage and the use of the Commercial Item Test Program, many contracting officers create FAR 13 and FAR 8 solicitations containing a Late Proposal provision. Sometimes, this is done inadvertently as contracting officers frequently do not know the content of the provisions inserted ?by reference only? via an automated procurement system such as the Standard Procurement System (SPS).

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What happens if a solicitation is put out and no offers are received?

The first option that occurs to me:

if there were no responses, then nobody has standing to object to a post-hoc extension.

That's when the time that offers are due passes, the offer acceptance period ends, and then an amendment is issued to reopen the bid acceptance window.

Thus, you can readvertise the exact same requirement, no changes, right away. You could add a note saying that it is being readvertised because no offers were received. You could even openly state that you were extending the deadline after it had expired.

That would be like chumming or pouring fresh blood into the water when hunting sharks.

For some contractors, that's like an open flame beckoning a moth.

This tactic will not yield low-ball pricing, but it will incentivize a handful of small businesses to put together a quote.

Only give them a couple days to react, heightening the sense of urgency.

Another possible course of action:

consider that first solicitation that garnered no interest as a test of the marketplace. You now know that there isn't much interest, so why not make it a sole source under one of the preference programs, like 8(a,) SDVOSB or HUBZone ?

When you directly negotiate a sole source, you almost never end up in a no-bid situation.

.

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