contractor2589 Posted August 4, 2015 Report Share Posted August 4, 2015 I realize that proposals for professional services generally include a technical approach, and innovative approaches are valued, but what if my innovative approach involves delivering, say, a custom software piece that is not required by the scope? Is this me being innovative, or are there prohibitions on evaluating proposals based on "value add" items like that? (I recall there is a restriction here, but my searching the web and this forum has not turned it up. Apologies if this is old turf.) Link to comment Share on other sites More sharing options...
joel hoffman Posted August 4, 2015 Report Share Posted August 4, 2015 Will there be an additional cost involved in delivering and using the software piece? If so, then I think that it would be problematic for the government to provide additional credit to the proposal for something if it is beyond the stated evaluation criteria. Does the evaluation criteria mention that additional credit may be considered for innovative approaches? There are numerous legal decisions that stress that the government must evaluate proposals in accordance with the solicitation. Does providing and using the software deviate from the contract requirements? If so, then I think that the government must be willing to accept alternate proposals as discussed below. If there would be an additional cost involved for somerhing above and beyond the stated scope and/or beyond the stated evaluation criteria, I think that the government would have to be willing to accept alternate proposals. FAR 15.209 (a) (2) says: "If the Government would be willing to accept alternate proposals, the contracting officer shall alter the basic clause to add a paragraph (c )(9) substantially the same as Alternate II" (to the provision at 52.215-1 Instructions to Offerors -- Competitive Acquisition", Alternate II (Oct 1997). As prescribed in 15.209(a)(2), add a paragraph (c )(9) substantially the same as the following to the basic clause: (9) Offerors may submit proposals that depart from stated requirements. Such proposals shall clearly identify why the acceptance of the proposal would be advantageous to the Government. Any deviations from the terms and conditions of the solicitation, as well as the comparative advantage to the Government, shall be clearly identified and explicitly defined. The Government reserves the right to amend the solicitation to allow all offerors an opportunity to submit revised proposals based on the revised requirements. If there is no additional cost involved and the proposal doesnt deviate from the stated scope or statement of work, then I think that true added value might be able to be considered without being considered an "alternate proposal" or a deviation from the stated requirements. However, Im not 100% certain. It may well depend upon the language of the proposal submission requirements and the stated evaluation criteria Link to comment Share on other sites More sharing options...
contractor2589 Posted August 5, 2015 Author Report Share Posted August 5, 2015 The evaluation criteria is based on best value with one of the criteria being "Special features, such as systems or software, for effective program performance." The scope does not refer to any such features or systems or tools, and nothing like that is necessary for the work itself. I"m concerned that they already have someone in mind and already know they will provide some add-on feature that they like, and I'm wondering if its legit to say, effectively, that "if you have some other whiz bang thing you can throw in, that would be great too." We have offered such things in previous proposals and had COs tell us they can't evaluate based on items not required by the scope, but here they are alluding to something but being rather coy about it. Makes me feel like I need to dream up something extra to offer them. Link to comment Share on other sites More sharing options...
joel hoffman Posted August 5, 2015 Report Share Posted August 5, 2015 Can't be too specific here because this is a real solicitation. At any rate, anyone else please feel free to jump in. Without the exact wording of the solicitation, I cannot provide specific advice anyway, even privately. It appears that somewhere in the evaluation factor or under a subfactor they mention "Special features, such as systems or software, for effective program performance." You didn't provide the actual criteria that they might apply to rate this feature. If it is mentioned then it seems that the agency can evaluate it and should evaluate any proposed "special features, such as systems or software, for effective program performance." At any rate, the proposal submission requirements should mention what to submit or describe under that feature. I would speculate that you can describe the fearure and explain how that custom software will effectively enhance the program performance. Good luck to you. Link to comment Share on other sites More sharing options...
apsofacto Posted August 5, 2015 Report Share Posted August 5, 2015 Hello, contractor 2589 I"m concerned that they already have someone in mind and already know they will provide some add-on feature that they like, and I'm wondering if its legit to say, effectively, that "if you have some other whiz bang thing you can throw in, that would be great too. If this is were the case, why not explicitly require the feature? It's possible they may not be familiar with what is out in the marketplace. Can't help you much as you can't really get into detail. Could you propose the software as an option? Not advising that, just curious what folks think about that . . . Link to comment Share on other sites More sharing options...
contractor2589 Posted August 7, 2015 Author Report Share Posted August 7, 2015 Thanks, all. FYI, the only mention of these add-on items was that one bulleted line in the evaluation criteria ""Special features, such as systems or software, for effective program performance." Anyway, they cancelled the procurement action so I'm moving on. Thanks again. Link to comment Share on other sites More sharing options...
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