Emailing Your Proposal? Don’t Wait Until The Last Minute

I hate waiting until the last minute to do things.  My wife knows that we need to get to the airport with plenty of time to spare before our flight takes off, or I start getting stressed.  When I have a filing deadline, I tend to submit my documents well in advance.  Sometimes, I have to wait for a client’s sign-off on a final draft, or a last tweak to an exhibit, as the minutes to the deadline tick away.  When that happens, people who know me well can see my blood pressure begin to slowly rise.

My way of doing things isn’t everyone’s.  For folks who “work best under pressure,” as they say, working right up until a deadline is par for the course.  But as one recent GAO bid protest decision highlights, emailing a proposal to a procuring agency at the last minute can be dicey because electronic deliveries are not necessarily instantaneous.  Filing shortly before the deadline closes, even by email, may result in a late proposal.

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Proposal Submission: Check Agency Security Requirements

During my first summer in Washington, D.C. many years ago, I spent a hot, sticky Fourth of July on the National Mall, eating picnic food and watching the fireworks.  I’m sure a few security personnel were around, but I took no notice of them.  Flash forward to another Fourth on the Mall—this one post-9/11.  On that Fourth, everyone entering the Mall had to pass through security before celebrating America’s birth.  I remember mixed emotions—I was glad that the government was focusing on public safety, but frustrated about standing in a long security line just to reach the Mall.

Security is a reality of life these days, especially when dealing with the government.  That’s why if you plan to hand-deliver a proposal to a procuring agency, be sure to check the agency’s security requirements well in advance of your planned delivery time, or the proposal could be rejected as late.  One contractor learned this lesson the hard way, as described in the GAO’s bid protest decision in B&S Transport, Inc., B-404648.3 (Apr. 8, 2011).

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Contradictory Discussions Question Should Have Been Protested Pre-Award

Imagine that only days remain until your proposal is due, and your company receives a discussions letter from the agency.  Reading the letter, you’re confused—one of the agency’s instructions seems to directly contradict the solicitation.  What do you do?

If you’re like most contractors, the last thing on your mind is running to the GAO with a bid protest.  After all, you haven’t even submitted your proposal—the last thing you want to do is upset the agency before it even evaluates your offer.  So you take your best guess as to what the agency intends and submit your final proposal revision.  If the agency makes award to a competitor, you can protest at that time, right?

Wrong, according to a recent GAO bid protest decision.

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No Sick Notes at the SBA: Illness Doesn’t Extend SBA Filing Deadlines

Like many others who went to school in the 1980s, Ferris Bueller was one of my personal heroes.  Ferris took the idea of faking sick from school and turned it into an art form, complete with a moving mannequin in the bed, canned messages playing when the doorbell rang, and even a before-its-time hacking of the school computers to change his attendance records.  And of course, Ferris spent his day off tooling around in a Ferrari, attending a Chicago Cubs game (nice taste, Ferris!), and bringing The Beatles back into style.  What kid wouldn’t want to skip school for that?

Sick days–whether real or not–are a time-honored part of school.  Unfortunately, as one contractor learned the hard way, sick notes may not work at the SBA.

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C’mon, Prove It: Contractor Rejected Because It Cannot Prove Agency Received Proposal

When a contractor submits its proposal information to an agency, the contractor should be careful to preserve evidence—a fax receipt, “sent” email, or, better yet, a FedEx or certified mail confirmation, showing that the agency received it.  Otherwise, as the GAO held in Industrial Construction & Trading Co., B-403849 (Dec. 13, 2010), the contractor is out of luck if the agency says it did not receive the document.

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