Proposals containing deficiencies are ineligible for award

[honeybus]

Sorry -

Joel, thanks for setting me straight.

Barry sends

[joel hoffman]

The following is taken from page 30 of the Army Source Selection Manual of Feb 26, 2009

https://www.alt.army.mil/portal/page/portal...inal_022609.pdf

I also a similar reference in an FAA guide:

http://fasteditapp.faa.gov/ams/do_action?d...VersionUID=null

Is there any BASIS for using such language, particularly in light of the FAR definition for "ineligible"!!

How do I ask (within my command, an Army Contracting Center) for a legal opinion as to the veracity of this statement, as found in the AFARs - Appendix AA, and as applicable to our [internal] source selection POLICIES?

Barry sends

Good God, Almighty! What exactly is it that you cannot understand about the information that I referenced/cited for you in your similar thread the past few days? When the courts and GAO say that it a fundamental principle in federal acquisitions that the proposal must conform to all material aspects of the solicitation in order to award, that means that you can't award a contract based upon a deficient proposal which doesn't comply with all material solicitation requirements.

[honeybus]

Good God, Almighty! What exactly is it that you cannot understand about the information that I referenced/cited for you in your similar thread the past few days? When the courts and GAO say that it a fundamental principle in federal acquisitions that the proposal must conform to all material aspects of the solicitation in order to award, that means that you can't award a contract based upon a deficient proposal which doesn't comply with all material solicitation requirements.

Well, your language seems confrontational so I will accept:

"based upon a deficient proposal which doesn't comply with all material solicitation requirements."

Perhaps "based upon a [deficient] proposal which doesn't comply with [all] even a single material solicitation requirement."

"When the courts and GAO say that it a fundamental principle in federal acquisitions . . ."

I guess I look to the courts and GAO for [fundamental??] principles of law.

"What exactly is it that you cannot understand about the information that I referenced/cited for you in your similar thread the past few days? "

I am sorry, but it might take unacceptable time, space, and bandwidth to explain "What exactly [is it] it is that [you] I cannot understand ..." Especially the EXACTLY part... And please put whatever definition you care to on my use of the term 'unacceptable'. Question is taken as rhetorical.

"Good God, Almighty! "

Ok, but I usually say "Good God, Almighty, thank you for the food and for your gifts . . . " I found it does not help to yell to the Good God, Almighty! since the Almighty is not noted for hearing impairments. Vengeful - yes; hearing impairments - no.

Barry sends

PS- I am not legal, though I must interact with legal counsel, nor am I contracting rated, yet I have to 'share knowledge and insights' with contracting.

If I could only ask the right question here, there would be a better chance for me to get the right answer.

Too bad the NEWBIE forum was placed somewhere where a newbie [me] can?t find it.

Hey!!

A little light humor?!?! OK.

"Sometimes you eat the bear; sometimes the bear eats you. 10 to 1 is NOT an acceptable ratio, for either the bear or for you."

[Guest Vern Edwards]

Honeybus:

Here is the rule, as stated in Manthos Engineering, LLC, B- 401751, 2009 CPD P 216:

In a negotiated procurement, a proposal that fails to conform to the material terms and conditions of the solicitation is considered unacceptable and may not form the basis for award. Cajar Def. Support Co., B?239297, July 24, 1990, 90?2 CPD para. 76.

You can find hundreds of decisions that contain that sentence or some variation of it. Generally, a deficiency is the presence of sometime or that renders a proposal unacceptable or the absence of something required by the RFP. Putting it the other way around, anything in a proposal that makes it unacceptable is a deficiency. The word "deficiency is standard terminology, but agencies are not required to use it in their documentation. That's the end of my response to your inquiry, except to say that you ought to be embarrassed by your last post.