Strategies for Winning Proposals After RFP Release and Proposal Submission

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WIN STRATEGY BEFORE AWARD| 1
Strategies for
Winning Proposals
After RFP Release
and Proposal
Submission
www.ostglobalsolutions.com
www.milesstockbridge.com

Bios
Olessia Smotrova, CF.APMP Fellow
 More than 20 years of experience in BD,
communications, and marketing
 Author of the book How to Get Government
Contracts: Have a Slice of $1 Trillion Pie
 Has served for 2 years as the President of the
National Contracts Management Association
(NCMA) Bethesda/Medical Chapter, and for 2
years as the President of the Association of
Proposal Management Professionals (APMP)
National Capital Area Chapter
 Prior to OST, worked at Raytheon and
Lockheed Martin, and wrote for the Financial
Times of London
 About OST: OST won more than $22 Billion
for its clients since 2005
 Has three lines of business:
• GovCon Incubator
• Bid & Proposal Academy
• Business Development Consulting
Jeremy S. Scholtes, JD
 Assists clients with such matters as analyses of
Federal Acquisition Regulation (FAR) clauses
negotiating and drafting subcontracts; claims
preparation and defense; bid-protests; employment,
contract, and regulatory compliance matters
 Active security clearance (TS/SCI) to assist with
classified matters
 Before joining Miles & Stockbridge, had 13 years in
active duty in the U.S. Army as an infantry officer
and then Judge Advocate General officer (JAG)
 Currently serves as a U.S. Army Reserve (USAR) JAG
 About Miles & Stockbridge: A leading law firm with
offices throughout the mid-Atlantic region, including
Baltimore, Easton, Frederick, Rockville and Towson in
Maryland, as well as Tysons Corner, Virginia and
Washington, D.C.
 More than 240 lawyers focused on corporate,
government contracts, intellectual property,
products liability, and real estate

Shape RFP Through
Questions
 Know what the deadline is
 Start proposal work early to digest the RFP – the best questions arise after the brainstorming and
writing have started
 Plan to hold an internal questions review session
 Approach to collecting and wording questions:
• Ask a question agency can clearly answer: confusion in, confusion out
• Don’t educate the competition
• Don’t ask the questions you don’t want a negative answer to
• Formulate your questions to lead the government to the right answer
RFP Reference/Page Your Question What would you like the answer to be? Who is asking?

Ask Questions to Trigger
an Extension
 Expressly ask for an extension justifying an
obstruction such as holidays
 Ask a tricky question to throw the government
for a loop, making sure they take a long time
to find an answer, and are forced to extend
 If all else fails, a pre-award protest can secure
vital extension of time to submit proposal
• Works especially well when you are the
incumbent
• Normally an incumbent will benefit from a
shorter proposal period (except when the
government is dragging its feet on your bridge
contract)
• A delay can trigger the bridge contract

Clarifications After Q&A
 After the government has answered questions, you may
need clarifications
 Government is not required to clarify, but they often do
 If the Questions deadline has already passed, clarification
questions must be related to the initial set of answers
• Not the new questions you failed to ask prior to the
deadline
 Be specific if the government is snide in responding or
tells you to read the RFP in their response
• Explain what specific word is causing the confusion;
elaborate further on the exact point of your question
• Walk a thin line – are you upsetting the government,
reducing your chances of winning by clarifying (these
are people on the receiving end)?
• Do you need that answer or can you make an
assumption?
• Be professional, clear, and neutral in your tone – you
are looking to get clarity so that your submission
meets solicitation requirements since some terms
may be unclear or ill-defined
Question: It is unclear in the RFP PWS Section 3.1.2
whether you are looking for a recommendation or the
actual work – could you, please, clarify?
Answer: Read the RFP.

Evaluation Process
May be clarifications,
communication, but
not discussion – e.g. no
opportunity for change
Offerors’
Proposals
Offerors’
Proposals
Offerors’
Proposals
Offerors’
Proposals
Evaluation Factors
Go/No-Go
Evaluation
 Strengths
 Significant
Weaknesses
 Weaknesses
 Deficiencies
 Uncertainties
 Ratings
Initial SSEB Report
Award Without
Discussions
Debriefs
Protests
Initial Evaluation Discussions Final Evaluation
Competitive Range
Determination (Briefing)
Discussions ENs
Final Proposal Revision
Evaluation
Option to submit
a pre-award
protest by the
proposal
deadline; always
submit a proposal
when protesting
to have standing
Didn’t make competitive
range?
Request a debrief (but there
will be no comparison with
the awardee’s proposal)
Consider a protest (file
within 10 days or wait until
award)
Final SSEB Report
 Findings
 Ratings
Final
Evaluation
Best Value
Decision (Source
Selection Decision
Document (SSDD))
Award
Debriefs
Protests
Discovery
More Targeted
Protest

Nail the Discussions
 Discussions vs. Clarifications vs. Communications (FAR Part 15)
• Communications – Exchange with the Government where the Government is concerned with past
performance, inclusion in the Competitive Range is unclear; Enhance Government’s understanding of
the proposal, facilitate reasonable interpretation of the proposal before establishing the Competitive
Range
• Clarifications – Exchange with the Government where the Government asks Offerors about certain
aspects of the proposal or resolves minor or clerical errors – there are no Discussions
• Discussions – Exchange with the Government where it allows Offerors to resolve deficiencies and
revise a part of Offeror’s proposal (e.g. you could bring your price down or sweeten your offer) –
Negotiation after establishing the Competitive Range
 Discussions are initiated via Evaluation Notice (“EN”) to applicable Offeror
 Award with Discussions
• RFP must contain mandatory solicitation provision
• Part 15: FAR 52.215-1 with Alternate 1
 Award without Discussions
• RFP must contain mandatory solicitation provision
• Part 12: FAR 52.212-1
• Part 15: FAR 52.215-1 without Alternate 1

So You Made the
Competitive Range
 Source Selection Authority (SSA) and
Procuring Contracting Officer (PCO)
establish the competitive range based
on the ratings of each proposal against
all evaluation criteria, unless the range
is further reduced for purposes of
efficiency
 There must be a competitive range
decision document, which must be re-
approved by the SSA if an Offeror is
eliminated from the competitive range
prior to making the source selection
decision
 Discussions are tailored to each
Offeror’s proposal and must be
conducted by the PCO with every
Offeror within the competitive range
Discussions must be meaningful,
equal, not misleading
PCO must discuss with the Offeror:
• Any adverse past performance
information to which the Offeror has not
yet had an opportunity to respond; and
• Any deficiencies or significant
weaknesses that have been identified
during the evaluation.
PCO may discuss with the Offeror:
• Other aspects of the proposal that could
be altered or explained to enhance
materially the proposal’s potential for
award, including weaknesses, excesses,
and price.

• Conversation: usually by phone; bring all key players who know
the solution and can think on their feet; prepare for the meeting
and discuss the overall strategy
• Make sure you don’t miss important details
• Ask the Government for permission to submit things that would
serve you well, couched “in the best interests of the government”
• If not requested, recommend that the Offerors submit written
proposal changes resulting from Discussions before submitting
Final Proposal Revisions (FPR)
• If, during Discussions, the Offeror is eliminated from the
competitive range, Government must send a written notice of this
decision
• Once all Discussions are complete, the PCO will require FPRs by a
set date/time and indicate the Government intends to make
award without obtaining any further revisions.
• Once the FPR submission deadline passes, the Source Selection
Evaluation Board (SSEB) will use the RFP evaluation criteria (as
amended) to evaluate and document, and the SSEB or the Source
Selection Advisory Council (SSAC) will complete and document a
comparative analysis
Discussions – “The
Process”

What if the Agency is Signaling
that Pricing is Too High?
 What standards apply to the competitive range
• Evaluation criteria
• Cost or price evaluation
• Past performance evaluation
• Technical evaluation
• Cost information
• Small business subcontracting evaluation
• Includes mostly highly rated proposals
 Independent Government Cost Estimates (IGCE) matter –
the Government uses the IGCE as a yardstick for costs
 After Discussion – Strong incentive to restructure the offer;
remove excesses and lower offer cost/price
 Includes mix of securing this award and other strategic
reasons
 Leave it the same only if you cannot adjust – but accept
potentially losing

Written Responses to ENs
 Answer the mail – respond to the
Government’s Discussion points and be
compliant
 Put your best foot forward:
• Add clarity
• Emphasize your win themes
• Ghost competition
• Add proof through documentation that you
couldn’t include before as attachments or obtained
after submission deadline
 Beef up your solution if it doesn’t substantially
change (lower the price, add features, or
describe something you are offering in greater
depth)
Treat responses to ENs
as seriously as you
would treat your
proposal effort

Submit an FPR
 Set up time to brainstorm on your response
strategy
 Correct the proposal consistent with the
discussions; if necessary, find creative ways to tie
your changes to the questions asked
 Usually must reprint some or all of your proposal to
resubmit
 Follow the instructions on how changes must be
tracked; ensure changes appear on the printed
version the right way
 Create a log of changes for all volumes
 Organize at least one proposal review prior to
submission; follow the usual proposal submission
best practices
 Sharpen your pencils and sweeten the deal

When You Are Advised You are Not in
Competitive Range
You are not out of
the game yet
1
Request a debriefing
2
Explore your protest
options
3

Debriefing Process
Introduction –
Purpose – Ground
Rules
Source Selection
Process
Evaluation Factors
(and if applicable,
Subfactors)
Evaluation Results
for your proposal
Rationale for
eliminating you
from competition
Other relevant
questions

Pre-Award Debriefing Preparation (1 of 2)
Were there any solicitation requirements that we failed to address? If so, which ones?
How is the evaluation consistent with Sections L and M of the solicitation?
Explain the basis for the strengths, weaknesses, or deficiencies in our proposal for each evaluation factor and
subfactor
Did the Government discuss all significant weaknesses and deficiencies (and perhaps weaknesses) during
Discussions? (These should have been addressed in Discussions)
Were any deficiencies identified by the Government during discussion not adequately addressed in our
response to the ENs? If so, how did the evaluation of the deficiencies change during the evaluation of our FPR?

Pre-Award Debriefing Preparation (2 of 2)
What, if anything, did the Government require in Sections L and M of the solicitation that was missing
from our proposal?
Were there any specific considerations that precluded us from being selected as the awardee? If so,
what were those considerations? (These should have been addressed in Discussions)
How was past performance evaluated? What was our rating? How was that rating applied to the source
selection process?
Was experience evaluated? If so, what was our rating and how was that information used in the source
selection process?
What was the procedure for the evaluation of risk? What risks were identified in our proposal? How did
they impact the rating of our proposal?

Protest Evaluation Terms
or Other RFP Issues
 Where do you file a protest: Agency or GAO
• Agency protest more informal; goes to level above
Procuring Contracting Officer (PCO) – new
objective review; allows the agency to correct its
own errors
• Does not prohibit a GAO protest
• GAO protest is more formal, resembles a post-
award protest; if you are going to the agency –
think you are getting a good shot for agency to
take corrective action
• Go to GAO because you lack faith in agency taking
a corrective action
• Jump above and go to the boss more so with GAO
than agency protest
 Pre-proposal submission protest vs. post-
award protest grounds
 Typical pre-proposal reasons to protest:
 RFP deficient – must submit a proposal to have
“standing”
What are the politics of a
protest?
• Balancing game: Hard to predict
outcomes
• Don't want to tick off the
customer; natural hesitation to
protest
• Agency could blacklist you
for protesting
• But: is it really that political?
Large companies protest regularly
and it’s a business as usual
around the Beltway
• Agency may encourage
awardee(s) to intervene
• Will you file additional protest?

Pre-Award
 Grounds for pre-award protests:
• Error in RFP, or ambiguity – the best, will be settled right away
• Unduly restrictive specifications – very good, will get a serious look because GAO is hospitable to these claims
• Can’t award to best value, because tech specs or evaluation criteria can be gamed – Government should be
grateful, isn’t always
• Tech specs exceed true needs – tougher, because agency normally determines own needs
 Protest grounds should be:
• Important to framing proposal; and
• Not resolved by Q&A

“Rule of Two” Protests
 If CO does not set procurement aside, there may be grounds for pre-
award protest
 Can be a solid business development tool:
• Rule of Two: Government must set aside acquisition for small
businesses if reasonable expectation of at least two offers from
responsible small businesses at reasonable prices; FAR § 19.502-2
• Same rule generally requires set-aside for SDVOSBs, WOSBs,
HUBZones, etc.; See FAR Part 19
• Rule of Two only applies to single-award procurements; set-aside
is discretionary for multiple-award procurements. FAR § 19.502-4
 Don’t have to submit a proposal – your standing is that you are a small
business and there is at least one other small business
 Your competitor is your ally! Proactively demonstrate to CO that two
small businesses are ready to meet the requirement at reasonable
prices

Pre-Award Protest
Example #1 (Sustained)
 Government can't determine best value, because pricing evaluation could be gamed:
For procurement of groceries for military commissaries, "evaluating . . . proposals based on the
offerors’ unit pricing for the week of July 14 could lead to misleading results because a proposal
offering [less of an overall] discount percentage could be evaluated more favorably than a
proposal offering a [greater overall] discount percentage.
Raymond Express International, B-409872.2 (Nov. 6, 2014)

Pre-Award Protest
Example #2 (Denied)
 Protest by incumbent that RFQ understates numbers of platforms and technologies to be
supported, that more key personnel should be required, and other errors and omissions prevent
competing on an equal basis:
• Protest denied, "determination of an agency's mission needs and the best method of
accommodating them is primarily within the agency's discretion . . . .”; Agency clarifies that
legacy application is not within scope of procurement.
Salient Federal Solutions, Inc., B-410174 (Nov. 6, 2014).

Pre-Award Protest is a Vastly
Underappreciated Win Strategy Tool
Good opportunity to
shape specifications
Good opportunity for
incumbent to resolve
requirements of next
procurement
Can secure vital
extension of time to
submit proposal
Can potentially
secure set-aside
opportunities

Continue with the Capture
Continue tracking your competitors’ movesTrack
Leverage Discussions as an opportunity to parry and neutralize the
competitors’ movesLeverage
Make last-minute programmatic improvements if you are an
incumbent to gain further customer favorImprove

Contact Information
Olessia Smotrova – President/CEO
otaylor@ostglobalsolutions.com
Cell 240-246-5305
David Huff – Vice President
dhuff@ostglobalsolutions.com
Cell 513-316-0993
Office 301-384-3350
service@ostglobalsolutions.com
Jeremy Scholtes
Direct 301-698-2318
jscholtes@milesstockbridge.com
30 W. Patrick Street, Suite 600
Frederick, MD 21701
www.ostglobalsolutions.com
www.milesstockbridge.com

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