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Has anyone seen, or does anyone know if it is allowable under the FAR, for one company to submit two separate proposals for a single award, RFP where they are a Prime on one proposal and a Subcontractor to another Prime on another proposal? It's not an IDIQ or a MAS; just a single award procurement.

Thanks in advance!

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Guest Vern Edwards

There is no rule against it in the regulations. So unless the RFP forbids it, which is unlikely, I know of no reason why you cannot.

I can't say if it would be a smart business move.

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It would be a good idea to make sure it does not create a problem under any teaming agreement or non-disclosure agreement that the company may have signed as a prime and/or as a subcontractor - otherwise the company may have to create two separate proposal teams and firewall them from each other.

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  • 2 weeks later...

I agree with all above.

A typical justification for one vendor appearing in or submitting multiple proposals would be if the purpose of the proposals distinguished among distinct technical approaches.

However, while it may not fun afoul of the specific ts&cs of a teaming agreement or NDA, it could raise the specter of impropriety or conflict of interest and lead to contest of an award, litigation, damages, etc. Point being, I wouldn't rely on a loosely crafted teaming agreement that did not contemplate the possibility that one party might submit a proposal that excluded the partner as my firewall.

I would probably err on the side of caution and "full disclosure" here and reveal my intent with the government and your teaming partners well prior to deadline. This should ferret out potential protests or problems and keep you on the high road.

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