Preface

Acquisition professionals with more than ten years’ experience can confirm that a metaphorical pendulum in government contracting swings from oversight and restrictions to openness and flexibility and back again.

In the 1980s, the Reagan-era defense buildup led to contracting problems that became front-page stories. This motivated Congress to increase oversight and restrictions. Then, in the 1990s, the Clinton acquisition-reform era reduced oversight and increased flexibility. The pendulum swung through a full cycle in one decade.

After 9/11, the war on terror led to another defense buildup, and the shadow of errors and abuses is creeping over contracting again. Contracting problems such as cost growth and the increased use of sole source exceptions are getting headlines. Although these problems might affect only a minimal amount of transactions, they attract the most press—which gets the attention of Congress.

Now we are entering a new era, and the pendulum could be at the top of its course and making its way back toward more oversight and regulation. For example, in February 2009, Senators Carl Levin and John McCain introduced the Weapon Systems Acquisition Reform Act. Section 203 of this bill reads:

The Secretary of Defense shall ensure that the acquisition plan for each major defense acquisition program includes measures to maximize competition at both the prime contract level and the subcontract level of such program throughout the life cycle of such program.

In addition, President Barack Obama issued a presidential memorandum on March 4, 2009, requiring the Office of Management and Budget to develop guidance to increase the use of competitive contracts and reduce the use of cost-reimbursement contracts. Change is on the way.

So what does this have to do with source selection? First, the American Recovery and Reinvestment Act (2009) provided billions of dollars to federal agencies to award competitive contracts. American taxpayers expect agencies to spend these dollars wisely and to be accountable for their spending. To do this, acquisition personnel must know how to properly conduct a competitive source selection. Conducting a competitive acquisition can be intimidating and complicated. This book walks you through the process and provides advice for both private industry contractors and government agencies.

Second, in this new era, conducting competitive source selections correctly and with fairness and integrity is more important than ever. But this is easier said than done. The acquisition workforce was significantly reduced by acquisition streamlining in the 1990s, and now the number of contracting officers who have experience conducting competitive source selections is limited. How are contracting officers supposed to know what to do? This book will help them along the way.

Finally, acquisition professionals in both government and private industry need to know the laws and regulations that keep changing as the pendulum swings back and forth. These laws establish the requirements for how the government must ensure fair competition and award contracts. This book not only tells you what the laws and regulations require but also explains how to do what is required.

The American Recovery and Reinvestment Act requires transparency, accountability, and textbook accuracy in complying with contracting laws and regulations. Now that sole source acquisitions are receiving greater scrutiny, agencies are conducting more competitive source selections. Acquisition professionals need a current reference book to guide them through the process. Until now, there were no useful textbooks or reference guides on this subject; other books have been written only by lawyers for lawyers.

Understanding Government Contract Source Selection is designed with the acquisition professional in mind and for use as a textbook or a desktop reference guide. This book is unique because it addresses issues of concern to both government and contractor acquisition professionals. Government professionals will learn what contractors consider when deciding to submit a proposal or file a protest. Contractors will learn what it's like to put together a request for proposals (RFP) and evaluate proposals from the contracting officer's perspective.

The process shown in Figure P-1 illustrates the competitive source selection process and lists the chapters in this book that discuss each step in the process. On this flow chart, Gs indicate the government's responsibilities; the Is, actions taken by private industry (contractors).

This book covers the entire acquisition process, from strategy development through contract award. It does not include chapters on contract performance or closeout, which are important parts of the overall acquisition process but are beyond the scope of this text.

Understanding Government Contract Source Selection demystifies the confusing government source selection process, from planning to protest and all the steps in between. It explains each step in the process. Case studies provide further insight, illustrating lessons learned, best practices, and mistakes to avoid. When referring to government actions, this text uses the term contracting officer, when referring to private industry or contractor actions, the text uses the term contract manager.

Figure P-1 The Competitive Source Selection Process

This book will help government contracting officers:

Conduct market research

Prepare the acquisition plan

Draft the RFP, including evaluation criteria and proposal preparation instructions

Conduct a pre-proposal conference

Prepare to receive proposals

Evaluate proposals.

It will also help private industry contract managers:

Review a draft RFP and provide comments

Participate in the pre-proposal conference

Prepare a proposal complying with RFP requirements

Negotiate the contract

Participate in the debriefing.

Although this book provides a comprehensive overview of the competitive source selection process, it is just that: an overview. Government contracting officers must be familiar with their own agencies' acquisition regulation supplements and internal procedures. The suggestions in this text may differ from an agency’s internal policies or regulations; if so, readers should follow their agencies’ practices. Similarly, private industry contract managers must be familiar with the relevant agency’s Federal Acquisition Regulation supplement and internal policies. Company policies might differ from suggestions in this text. Again, readers should follow company rules.

Marge Rumbaugh

South Heidelberg Township, Pennsylvania