Source Selection
Started by baierle · Jul 13, 2009 · 2 replies
- bOriginal post
baierle
Jul 13, 2009 · 16y ago
We are conducting a source selection for XXX services for our agency. This inquiry concerns "Offeror B", whose price is very competitive and is technically OUTSTANDING ( very competitive).
Offeror B's proposal states they will use XYZ FIRM. Org (subcontractor, non profit) for some of their work on this project. XYZ FIRM.Org has a cooperative agreement at the Interior Department (National) level for similar work. There is a thought that this non profit subcontractor may have access to some of the vegetation data that others' may not have and this may give them some advantage. We doubt this very much but need to get some advice.
During the RFP phase, we disclosed the data to all offerors that was provided to the Government by XYZ FIRM.Org under this cooperative agreement. However, more data is forthcoming from XYZ FIRM.Org under this National cooperative agreement when it becomes available for Government use.
How can we mitigate our vulnerability if Offeror B gets award of this contract based on superior results from the technical evaluation of their proposal, and an interested party protests because of the perceived (legit or not) competitive advantage? No one was precluded from offering on this project, however, AWARD will be made only to the eligible small business who meets our best value criteria. This was clearly spelled out in the RFP
Is there anyway to mitigate this vulnerability? Any suggestions or advice will be greatly appreciated as I have worked hard to make this a clean procurement.
Looking forward to some help from my colleagues out there.....
eb
- G
Guest carl r culham
Jul 13, 2009 · 16y ago
First thought that pops into my head.
Could all the firms competing for the work contact XYZ.org for possibly sub involvement?
Just wondering as you most likely do not have all the details that happened during the competition that lead to B and XYZ relationship. With the limited info you provided there is the implication of the appearance of... but then again if everything happend in the competitive market....
- K
K-Law Atty
Jul 22, 2009 · 16y ago
I'd suggest you review FAR 9.5 dealing with organizational conflicts of interest (OCI). Definitely you need to get your agency counsel involved. The rules say that the CO has an obligation to identify and mitigate any potential OCIs as early as possible. FAR 9.505 talks about the two types of OCIs. If you have heard Dan Gordon of the GAO talk within the last 3-4 years or kept track of GAO's rulings, an unidentified and/or improperly mitigated OCI is one of the surest ways to see a protest sustained. Good luck. Just remember the language from 9.505: "The exercise of common sense, good judgment and sound discretion is required." Unfortunately, those are qualities that don't get used enough.