Our Blog often covers issues associated with government contracts protests (like, for example, protests at the GAO, Court of Federal Claims, and size protests at the SBA). The point of those posts is to highlight ways that disappointed offerors can "get back in the game" by challenging an improper award made to another business.
But, occasionally, we're reminded that the best practice (whenever possible) is to avoid the need for a protest altogether. By focusing on the details and learning how to serve up timely proposals that check all of the government's boxes, you'll put yourself in a position to win more contract awards and avoid the need to file protests on the back end.
Take the recent opinion from the GAO denying a protest over the post-deadline submission of pricing data. In that case, the protester was eliminated from the procurement when it used a draft agency document to submit its pricing information, rather than the final revised version of the form later circulated by the agency.
The protester offered a number of equitable arguments against its elimination. It used a form that was provided by the government, just not the most recent version. And, in any event, it included all of the key pricing information. At a minimum, shouldn't the agency allow an interested offeror to correct this deficiency by simply substituting the correct form?
The GAO rejected all of these arguments out of hand. It held that the agency acted reasonably in deciding to reject the offer — it would be unfair (GAO surmised) for the agency either to accept an offer based on different pricing assumptions (the draft form) or allow one offeror the special privilege of revising its offer after the deadline for proposals (on the corrected form). As the GAO pointed out, the agency specifically cautioned all offerors that only the revised pricing form would be accepted.
Putting together a proposal in response to an agency solicitation can be a time-consuming and expensive proposition. Protect that investment by developing a system for checking (and double-checking) your work. Sometimes, a new or fresh set of eyes will be able to pick up on mistakes or omissions, or perhaps better see the requirements from the agency's perspective.
Taking the time to get it right can help minimize the frustrating experience of missing out on a contracting opportunity due to easily avoidable mistakes.
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