Jump to content

Government RFQ - No questions answers in Q&A


Recommended Posts

I work for a small business who is inquiring on a professional services contract being offered by a large state agency that is funded to fulfill a Federal program with Federal money.  I asked 16 questions before the established deadline.    The vast majority were straight forward inquiries to the historical performance of the program to determine how efficient the current provider is delivering the service.  At least 1 question would be data that would be required to report to the Federal government. 10 business days later, none of the questions have been answered.  At this point we are 3 business days from the close date.

The nature of the program probably requires an open bid process.  I am guessing that the state in question is probably completely satisfied with the current provider and if there was not a requirement, it would be a sole source contract.  I am just trying to number crunch to see if we can do it a few $100k cheaper per year.

I am extremely new to the RFQ process, however this seems unreasonable.  Has anyone encountered a similar situation and how did it play out?  Is anyone aware if "generally" a complete disregard for Q&A step in a competitive bid has consequences in the post-protest or even legal arena.

Thank you in advance, it was great to find the information that was already on this board!

Link to comment
Share on other sites

Well, if you asked 16 questions, and thirty other prospective offerors asked an average of 5 questions each, that's a lot of questions.  I am not persuaded that the agency really wants a sole source contract -- it is entirely possible that everything is fair.

Best wishes to you!

Link to comment
Share on other sites

On 11/17/2020 at 3:57 AM, Information Tech Small Business said:

I am extremely new to the RFQ process, however this seems unreasonable.  Has anyone encountered a similar situation and how did it play out?  Is anyone aware if "generally" a complete disregard for Q&A step in a competitive bid has consequences in the post-protest or even legal arena.

Generally speaking.  State agency with state rules on their solicitation (RFQ) processes.   My experience is dig into what the state agency rules might say on the matter of responsiveness to you.  In the end it may be exactly as ji implies, they are dealing with all the questions fairly.

Or even better yet maybe a telephone call to the responsible state individual to see if they would answer the question - "Why are you not answering my questions?"

Link to comment
Share on other sites

If your business still wants to spend the money to prepare a bid, you may wish to make your bid price a "few $100k cheaper" and indicate that the bid price is "subject to answers to the 16 questions asked."

Link to comment
Share on other sites

First off, thank you so much for replying.  It helps!

To clarify, NO questions by any vendor were answered.  Also there are only 2 bidders that I am aware of.   I really wasn't sure what was answerable and what was not, so I made a point to ask for one simple number that would be required to be on-hand because it is required to report to the Feds.  The question was a clear contract performance and it would be subject to being release in a public inquiry. 

This board was helpful is showing me that government is not required to answer every question it receives.  However I was hoping someone had a similar situation where it seems like no effort was made to answer any questions and what happened.  

Re: Sole source - I have too much understanding of the program in general.  It requires a public competitive bid, but there are very good reasons to keep a this government to government OR government to quasi government program.  My takeoff estimate though really shows it could be done cheaper than the current price tag.  (That said the extra money is going to a good cause, not someone's beach house).

I did try to do some research on state policy, it seems like new territory unless there is a lawsuit out there.

My personal life experience, includes being sued twice for non-solicitation clauses for subcontract work where I was getting grossly ripped off.  The non-solicit clauses were supposed to be a way the companies could avoid precedent on non-compete clauses.  I couldn't afford $300/hr, all day, every day so I did a lot of the case research myself.  You would be surprised HOW many questions that you think have been discussed in court actually have not been discussed in court.  Whiole I never, ever what a bitter court fight again, I am decent at reading policy and pointing out when it is not followed.  There appears to be lack of clarity on the standard for Q&A where we work.  Again thanks for everyone for there help.

Link to comment
Share on other sites

Yeah, I'm conflicted about what to do, I am probably going to let this one go and look for another one.  Essentially the program requires dedicated admin staff and a mandatory subcontracting of services.  I think the current vendor is paying way to much for some of the services.  My math indicates if the services themselves were provided by full-time employees who were subject matter experts and paid 25% over market rate, I could save the money proposed.  There is also an issue related to Covid and in-person vs not in-person work.  I had some creative ideas to make the in-person work much cheaper post Covid but obviously I have no idea whether the client would like the proposal.  It was a good experience, but it was also frustrating.  We would be much happier being a good subcontractor to a good private organization (public or private), but that is easier said than done.  Especially when you look at program that I am looking at, and it is possible the small business spend is under the goal.  Thanks for your input!

Link to comment
Share on other sites

5 hours ago, Information Tech Small Business said:

There appears to be lack of clarity on the standard for Q&A where we work. 

You are experienced at doing your own research. You might want to take a look at https://www.gao.gov/assets/700/695135.pdf  and other similar decisions. It appears from this decision that the standard is whether the agency’s decision not to answer the questions was reasonable.

Link to comment
Share on other sites

On 11/17/2020 at 5:57 AM, Information Tech Small Business said:

I work for a small business who is inquiring on a professional services contract being offered by a large state agency that is funded to fulfill a Federal program with Federal money.  I asked 16 questions before the established deadline.    The vast majority were straight forward inquiries to the historical performance of the program to determine how efficient the current provider is delivering the service.  At least 1 question would be data that would be required to report .mm  I’ll to the Federal government. 10 business days later, none of the questions have been answered. At this point we are 3 business days from the close date.

The nature of the program probably requires an open bid process.  I am guessing that the state in question is probably completely satisfied with the current provider and if there was not a requirement, it would be a sole source contract.  I am just trying to number crunch to see if we can do it a few $100k cheaper per year.

I am extremely new to the RFQ process, however this seems unreasonable.  Has anyone encountered a similar situation and how did it play out?  Is anyone aware if "generally" a complete disregard for Q&A step in a competitive bid has consequences in the post-protest or even legal arena.

Thank you in advance, it was great to find the information that was already on this board!

Is this a request for qualifications, a request for quotations or a  “competitive bid”  (e.g., a public bid opening)?  

Link to comment
Share on other sites

On 11/18/2020 at 3:40 PM, Information Tech Small Business said:

Thanks Neil very much 🙂

 

This is a federal case, Info Tech and we don't know what state regulations are and whether there is a state decision making body for such matters as pre or post contract disputes. However, it sounds rational that it could also be a "whatever is reasonable" standard in the applicable state.  

Edited by Neil Roberts
spelling
Link to comment
Share on other sites

Positive update for everyone.  Questions were answered on the day the bid was supposed to close and the bid was extended another 10 days.  So I presume I was on-base with my concerns, but they were also appropriately addressed.

PS To answer Joel's question, yes this was a competitive bid.  

Thanks again for everyone's assistance.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...