Contract Formation and Award
Solicitation to award
Formation turns on the solicitation method and the evaluation rules stated in it. Sealed bidding uses an IFB, award to the responsive, responsible bidder whose bid is lowest, and price is the only evaluation factor. Negotiated acquisition uses an RFP and permits tradeoff or LPTA source selection; the evaluation factors must be stated in the solicitation and followed. RFQs are used for simplified acquisitions or commercial items. Know the difference between responsiveness (whether the offer conforms to the solicitation's material terms) and responsibility (whether the offeror can perform). Responsiveness is judged at bid opening for sealed bids; responsibility is judged for all offerors.
Traps: treating clarifications as discussions; conducting unequal discussions; allowing a late proposal without a valid exception; awarding to a nonresponsive bidder because the price is low; using LPTA when the solicitation requires a tradeoff; and ignoring SAM registration or integrity and ethics issues. Debriefings and protest timelines are also tested.
Worked example: an RFP says award will be made without discussions. The contracting officer may still seek clarifications of minor or clerical errors, but must not permit offerors to revise proposals or cure material omissions; doing so converts the exchange into discussions and triggers the requirement to hold discussions with all offerors in the competitive range. Rule of thumb: if the exchange changes price, technical approach, or material terms, it is a discussion.