52 Understanding The Government Solicitation Bid Package
52 Understanding The Government Solicitation Bid Package
52 Understanding The Government Solicitation Bid Package
Government Solicitation
Bid Package
Learning Objectives
At the end of this module, you will be able to:
The objective of the Small Business Resource Effort is to provide information and the tools small vendors
need to become better positioned to compete for contracts and subcontracts at the FDIC. To achieve this
objective, the Small Business Resource Effort references outside resources critical for qualified vendors,
leverages technology to provide education according to perceived needs, and offers connectivity through
resourcing, accessibility, counseling, coaching, and guidance where applicable.
This product was developed by the FDIC Office of Minority and Woman Inclusion (OMWI). OMWI has
responsibility for oversight of the Small Business Resource Effort.
Executive Summary
When the government wants to buy a good or service, it issues a solicitation. Solicitations are documents
that make the government’s requirements clear so that businesses can submit competitive bids. Request
for Proposals (RFPs) are one type of solicitation used by government agencies. With rising competition,
more and more private sector organizations are using RFPs. Public and private sector businesses request
responses to RFPs in order to compare different vendors and evaluate different options to ensure they
are receiving the best available solution.
As a small business doing work with the government, you’ll be responding to solicitations. A solicitation
bid package is an often complicated document (or set of documents) to which you develop a responsive
proposal. The format and composition of bid packages is mandated by law. They are typically broken
down into several sections identified by an alphanumeric letter (A through M). Knowing what’s in this
package can help you prepare and assemble the appropriate information and documentation together.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 2 of 16
Understanding the Government Solicitation Bid Package
When it comes time to respond to a solicitation, you'll want to be ready because an effective and
competitive response is critical to winning new business. The following module highlights key elements
of the government solicitation bid package to an RFP so you can be successful at understanding the
contents and winning the contract.
Invitation for Bid (IFB): This is a sealed bid and is considered complete. Price is a major
factor in IFBs. The bidder is required to sign and submit a Standard Form 33 (SF 33) or Standard
Form 1449 (SF 1449) for simplified acquisition procedures. Once the government agency signs
the appropriate form, the contract becomes binding.
Request for Proposal (RFP): This is a negotiated contract where further discussion may
take place after the proposal is submitted. The bidder may have the opportunity to change
pricing or technical requirements. A SF 33 or SF 1449 must be signed and submitted. Once the
government agency signs the appropriate form, the contract becomes binding.
Request for Quote (RFQ) or Request for Information (RFI): This is typically for
information purposes only and is not a binding document. The RFQ/RFI may request pricing
information, but the government typically requests further discussion regarding any information
obtained.
For the purposes of this module, we will discuss Request for Proposals (RFPs). RFP responses can be an
extremely time-consuming and cost-laden process. The typical RFP is a significantly verbose document
that reads like a legal text, and has very specific requirements. Regardless of the government agency,
your proposal will be considered responsive if you give the agency complete information presented in
the manner requested and show that you can meet its needs effectively and efficiently.
Most federal government RFP formats are mandated by the Federal Acquisition Regulation (FAR), the
principal set of rules and regulations through which the government purchases or acquires goods and
services. Basically, the FAR defines what must be included in an RFP and determines the RFP structure.
Applicable FAR rules and regulations will be stated in the corresponding RFP section. If you are new to
the RFP bidding process, make sure you read and thoroughly understand the requirements of the
submission process. You may be disqualified for submitting a noncompliant response. It will help you to
know how the typical federal government RFP is broken down into the following sections:
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 3 of 16
Understanding the Government Solicitation Bid Package
Understanding each section prior to preparing your first RFP response will certainly save you time. Also
note the FDIC, because it is an independent agency, may sometimes differ from other government
agencies in its RFP requirements.
This section identifies all billable items, describes the period of performance, and discusses potential
option periods (if any). The total hours shown in Section B are typically estimates only and actual hours
worked may be more or less. The primary focus is to ensure that proposed hourly rates will be valid no
matter how many hours are worked.
If you have made assumptions when preparing your pricing information, make sure you document these
assumptions in your RFP response.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 4 of 16
Understanding the Government Solicitation Bid Package
this section. It is important to list every item on the required SOW in your response and state how you
will deliver what is needed.
When responding to the SOW, don’t be afraid to be redundant and don’t assume the proposed agency
already knows the SOW. Section C is an opportunity to insert your business name as the “respondent”
and reinforce that you will provide the services requested. You can also create a supporting section to
highlight your approach to delivering on the listed SOW and illustrate your firm’s capabilities to the
agency.
Make sure you pay attention to and follow all instructions in the RFP for required markings. “Markings”
are the information provided on the packing list or shipping document and generally include:
Contract number;
Task order number;
Name and address of the consignor;
Name and address of the consignee;
Government bill of lading number covering the shipment (if any); and
Description of the item/material shipped, including item number, quantity, number of
containers, and package number (if any).
The government typically reserves 10 business days from the date of your delivery to decide if goods and
services comply with the requirements of the contract. If they don’t, the agency can require you to re-
perform the services or redeliver the goods in conformity with the requirements of the award, at no
additional increase in total contract amount.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 5 of 16
Understanding the Government Solicitation Bid Package
If the issue is not corrected when you re-perform the services, then the government can (1) require you
to immediately take all necessary steps to ensure future performance of the services in conformity with
the requirements of the contract; and (2) reduce your contract price to reflect the reduced value of the
services performed. In extreme cases, the agency can have another firm perform the services or deliver
the goods and charge associated costs to you.
Defines the term of the base contract and states any options to extend the term of the
contract.
Addresses clauses incorporated by reference including the place of Delivery or
Performance, which is typically the agency site although some work may be performed at the
contractor location depending on the contract.
Highlights specific deliverables stated in the contract and expected by the agency within
a certain time period.
Lists the Period of Performance for each phase of the contract.
Indicates what the contractor should do in the event they have difficulty in meeting
performance requirements, or if they anticipate difficulty in complying with the contract delivery
schedule or completion date.
Provides details regarding what should be included in and the due dates for contract
status or activity reports. These may include subcontracting or small business plan reports.
In most cases, you are required to maintain an acceptable inspection system for the goods or services
you deliver or perform under the contract. Records of your inspections need to be complete and
available to the agency during the term of the award or for as long as the agency specifies.
Agency Personnel
Contracting Officers. Contracting Officers have the exclusive authority to enter into, administer,
and terminate contracts. They:
Make sure that contracting is efficient and effective,
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 6 of 16
Understanding the Government Solicitation Bid Package
Method of Payment
The federal government has prompt payment rules that require most payments to be made by Electronic
Funds Transfer (EFT). Some important points to note about EFT payments:
Compensation Ceiling
The federal government typically includes a contract ceiling in the contract or a task order Not-to-Exceed
amount. You will not be compensated for costs and expenses that go over these ceilings or Not-to-
Exceed amounts. However, you may have option periods where the contract may either be extended or
funded for another defined term. In any case, you need to notify the Contracting Officer, in writing,
when you have incurred charges amounting to seventy-five percent (75%) of the ceiling amount for each
performance period.
Contents of Invoice
Your invoices must include the following items to be processed for payment:
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 7 of 16
Understanding the Government Solicitation Bid Package
Identify subcontractor expenses and costs separate from prime contractor expenses and
costs on the invoice the prime contractor submits to the federal government.
Submit with your invoice, as supporting documentation, a copy of your subcontractor's
invoice when seeking reimbursement of subcontractor expenses.
The government will return an invoice if it doesn’t have the required information, contains errors, or
exceeds the total compensation ceiling limit for your award. Payment will be delayed until you correct
the invoice.
In addition, you need to maintain current information in the System for Award Management (SAM)
database. The government may reject invoices if you have not maintained your registration, including
Electronic Funds Transfer (EFT) information, in the SAM database.
For the FDIC, you must email electronic invoices to the Division of Finance/Accounts
Payable (DOF/AP).
For the FDIC, you are required to only email your invoices to the DOF/AP email address,
and not to the Oversight Manager (OM) or Contracting Officer. Contractors are often surprised to
learn that the federal government will not accept hand-delivered invoices or invoices sent to any
other address.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 8 of 16
Understanding the Government Solicitation Bid Package
You are typically required to submit the electronic invoice as a single file document, in
pdf format. Invoice files are often uploaded into a central repository database; therefore, only
one file associated with an invoice will be accepted. However, there are also size restrictions for
a single pdf file exceeding 30 MB. The invoice may either be submitted as two pdf files, with
neither pdf file exceeding 30 MB, or it may be submitted as a zip file that does not exceed 30
MB.
You can’t include more than one electronic invoice in the same email. (For example, if a
Contractor has four task orders, a separate email with a single invoice must be submitted for
each of the four task orders.)
Your email subject lines must include the words, "Contractor Invoice," followed by a
hyphen and the Contract Number (or Task Order Number, or Delivery Order Number, as
applicable), as shown in the following example: "Contractor Invoice - AZPHQ-50-C-1111.”
For contracts and task orders containing provisions for Task Assignments, you must send
a separate invoice for each Task Assignment.
Counting days for Prompt Payment begins on the date the invoice is received and
accepted in the email inbox of the agency. Invoices received after the time specified will be
counted as being received the following federal government workday.
Key Personnel
You need to make key personnel available for performance under the contract as long as they are
employed by your business. The Contracting Officer must authorize key personnel changes in writing
before any new key personnel begin work on a project.
The government may require that you give a minimum of a 14-day advanced written notice to the
Contracting Officer of any proposed substitutions of key personnel. This notice should:
Deciding whether to accept proposed substituted personnel is at the sole discretion of the government.
Emergency Preparedness
Contract requirements for emergency preparedness cover services that are essential or critical to the
federal government’s mission. Key elements of emergency preparedness include immediate and
effective measures to ensure the availability or use of back-up services or systems to (1) manage the
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 9 of 16
Understanding the Government Solicitation Bid Package
emergency, and (2) ensure uninterrupted support of the services or systems. These services or systems
must be provided as long as the emergency persists.
Every federal government contractor (both prime and subcontractors) is expected to protect
sensitive information including any Personally Identifiable Information (PII) to which they have
access. Sensitive PII may comprise a single item of information (e.g., SSN) or a combination of
two or more items (e.g., full name along with financial, medical, criminal, or employment
information). PII presents the highest risk of being misused for identity theft or fraud. You’ll
need to comply with special contract requirements or risk loss of the contract, and you could
face potential federal criminal charges if you don’t comply.
As a measure of controlling sensitive information, the federal government stipulates in Section H
that all sensitive information, electronic and paper copy, remains the property of the federal
government. If you move or copy sensitive information to your facilities or equipment, then you
must store it separately from all non-federal government information. You’ll need to return,
erase, or destroy all sensitive information at the end of the contract or sooner, if requested by
the Contracting Officer.
Background Investigations
You must undergo a background investigation if you:
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 10 of 16
Understanding the Government Solicitation Bid Package
background investigation based on the risk level assigned the contract. If any member of your team has a
background investigation with an adverse finding, he or she can be excluded from working on the
contract at the discretion of the Contracting Officer.
In addition, if the risk level of the contract mandates background investigations by the Office of
Personnel Management (OPM), you must provide the Oversight Manager with the completed paperwork
for all contractor and subcontractor personnel. This paperwork will allow OPM to begin its background
investigation.
Risk levels (High Risk, Moderate Risk, and Low Risk) are established through an analysis of the duties and
responsibilities of the positions, and their impact on agency mission. Each risk level requires a Minimum
Investigative Requirement as recommended by the Office of Personnel Management (OPM):
Only personnel designated High Risk are subject to a Periodic Reinvestigation (PRI) which happens no
later than five years after placement, and at least once every succeeding five years. If there is a change in
position risk or sensitivity level, then you must meet the investigative requirements of the risk
designation of the new position.
For Critical-Sensitive or Special-Sensitive positions, you will need an investigation completed before you
are appointed. Investigations for low risk temporary personnel may require a fingerprint and tax records
check. The government can establish more stringent requirements for any position with appropriate
justification.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 11 of 16
Understanding the Government Solicitation Bid Package
Governing Law
The contract is governed by federal law and will be construed accordingly. To the extent State law may
apply, in the case where there is no applicable federal law, the State law that applies is the law of the
State in which the federal government office executing the contract is located and it serves as the
governing law.
Independent Contractors
The federal government retains independent contractors for the sole purpose of performing the services
or providing the goods described in a contract. If subcontracting is permitted, then the term "Contractor"
refers to both the contractor and all subcontractors at all levels. You must ensure that all subcontractors
adhere to all of the terms and conditions of the contracts that have flow-down requirements.
Subcontracting Reporting
If subcontracting is approved under an award, you must submit a Subcontracting Report, on a
semiannual basis, addressing the following for each subcontractor:
Audit of Records
The federal government, through its Contracting Officer or designated representative(s), has the right to
audit and examine your records and inspect your facilities in the following ways:
Examination of Costs: The federal government agency can audit and examine your
books and records, and your accounting procedures and practices, regardless of their form (e.g.,
machine readable media) or type (e.g., data bases, applications software, data base
management software,).
Facilities Used For the Contract: The federal government agency can inspect, at
reasonable times, the facilities you use during performance of the contract.
Reports of the Contractor: The federal government agency can audit and examine your
books, records, other documents, and supporting materials.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 12 of 16
Understanding the Government Solicitation Bid Package
Computer Data. The federal government agency can audit your computer data. Your
computer data retention and transfer procedures must maintain the integrity, reliability, and
security of the original data.
All federal government contractors must retain the materials for an audit of records for a stipulated
period of years following final payment under a contract, or for any longer period required by statute or
other clauses in the contract.
Other clauses address required Liability Insurance before commencing work or permitting any
subcontractor to commence work and Public Release of Contract Award and Advertising and Publicity
Information.
Cannot issue press releases or provide other information to the public regarding any
federal government contract award.
Are typically restricted from statements to the media or from issuing press releases
regarding your or their services, under the contract.
Cannot issue or sponsor advertising or publicity that states or implies that the federal
government agency endorses, recommends, or prefers the contractor's services.
Cannot use the agency’s logo, or other material, without agency permission.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 13 of 16
Understanding the Government Solicitation Bid Package
how your response should be organized by volume and what information should go into
each volume (e.g., Volume 1 – Management Proposal, Volume 2 – Technical Proposal, Volume 3
– Cost Proposal, or Volume 4 – Past Performance);
how to format the documents (e.g., font, page margins, and/or page limitation);
the deadline for submitting questions regarding the RFP or procurement;
how the proposal is to be delivered (e.g., Email or hard copy submission, address,
number of originals and copies, etc.); and
notices, conditions, or other instructions (e.g., FAR clauses applicable to this contract,
subcontracting requirements for large businesses, submitting an Intent to Propose, etc.).
Technical Management Approach: Bidder’s approach to managing and operating the contract.
Relevant Experience: Similarity of previous work and extent to which bidder successfully
performed.
Past Performance: How well the bidder has performed work similar to that in the SOW.
Transition Plan: Comprehensiveness, efficiency, and effectiveness of plan in order to provide
smooth and orderly transition.
Cost and Fee: Cost proposals will be evaluated with respect to reasonableness and realism.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 14 of 16
Understanding the Government Solicitation Bid Package
The importance of price increases if several proposals are equally matched on other
factors. When competing proposals are judged equal on other factors considered in the best
value analysis, total price and other price factors become more significant.
Price proposals are typically evaluated with respect to completeness, reasonableness,
and realism. The Contracting Officer may also evaluate the Overall Evaluated Price (OEP) for each
offeror. The Overall Evaluated Price (OEP) will typically be computed based on the total of the
following:
The proposed labor rates for each labor category multiplied by the number of labor
hours.
The federal government-reimbursed travel costs.
Offerors must submit their proposed prices in accordance with the provided Pricing
Schedule. Prices that are extreme (high or low) may be judged unreasonable. From the federal
government’s point of view, labor rates that do not reflect a reasonable compensation for the
skill required in a labor category will be considered unrealistic and non-responsive.
Offers should be as complete as possible; a proposal can be eliminated if it doesn’t
include a price for all mandatory labor categories.
Offerors should have a reasonable price and the federal government will evaluate prices
using one or more of the following techniques:
The federal government will base the award on an integrated assessment of the
evaluation factors and sub-factors.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 15 of 16
Understanding the Government Solicitation Bid Package
Most federal government RFP formats are mandated by the Federal Acquisition Regulation
(FAR). They are typically broken down into sections that are identified by section and letter (A
through M).
Government contracts contain a host of standard terms and conditions, called "clauses." Many
of the clauses are, by regulation, non-negotiable. By reviewing all clauses in the solicitation
package, you can assess your business’ viability in submitting a responsive proposal.
The federal government considers a bid responsive when a bidder has given the agency
complete information required with no material exception taken from any requirements and
sections outlined.
FDIC OMWI Education Module: Understanding the Government Solicitation Bid Package Page 16 of 16