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  • Writer's pictureR.D. Lieberman,Consultant

Confidence Decreasers

In a recent technical evaluation in a procurement by the Department of Homeland Security for cybersecurity services, instead of assigning strengths and weaknesses in each technical area, the the agency assigned “confidence increasers” and “confidence decreasers.” Zermount protested the confidence decreasers in three separate areas, but the Government Accountability Office (“GAO”) ruled that all three were consistent with the terms of the solicitation. Zermount, Inc. B-420174, Dec. 27, 2021. The GAO denied Zermount’s protest.


The three areas where the agency assigned confidence decreasers were as follows, along with the GAO’s disposition:


· Success statements and technical approach. The agency assigned confidence decreasers because of spelling and typographical errors (typos), and the typos prevented the agency from understanding the proposal. The agency stated that the errors undermined the clarity of Zermount’s proposal and were viewed as an indicator that government intervention would be required for successful performance. The GAO agreed that because offerors were responsible for submitting a well-written proposal that clearly demonstrated compliance with solicitation requirements, that the mis-spelling and typos were properly assigned as confidence decreasers.


· Unclear Federal Identity Credential Access Management (“FICAM”). The agency that the offer’s FICAM submission was lacking a strategic plan, failed to establish how Zermount’s plan would accomplish the work and was also conclusory. The GAO agreed with the agency’s confidence decreaser because the proposal was inadequately written.


· Technical Approach Criterion. The agency assigned a confidence decreaser because Zermount’s technical approach contained misleading and inaccurate statements. These statements indicated that Zermount might not understand the work involved, and therefore the offeror had introduced a performance risk.


There were other issues in the evaluation, but the GAO agreed that the agency had properly evaluated the technical portion, and then awarded the contract to Favor TechConsulting, LLC, whose price was approximately $2 million lower than Zermount’s.


Takeaways: (1) Scour all proposals for spelling and typographical errors. Use spell-check, and then re-read.

(2) Ensure that your proposal is adequately written and contains the detail required by the solicitation.

(3) Never include misleading or inaccurate statements in your proposal. Every assertion must be provable.


For other helpful suggestions on government contracting, visit:

Richard D. Lieberman’s FAR Consulting & Training at https://www.richarddlieberman.com/, and Mistakes in Government Contracting at https://richarddlieberman.wixsite.com/mistakes.


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The website of Richard Donald Lieberman, a government contracts consultant and retired attorney who is the author of both "The 100 Worst Mistakes in Government Contracting" (with Jason Morgan) and "The 100 Worst Government Mistakes in Government Contracting." Richard Lieberman concentrates on Federal Acquisition Regulation (FAR) consulting and training, including  commercial item contracting (FAR Part 12), compliance with proposal requirements (FAR Part 15 negotiated procurement), sealed bidding (FAR Part 14), compliance with solicitation requirements, contract administration (FAR Part 42), contract modifications and changes (FAR Part 43), subcontracting and flowdown requirements (FAR Part 44), government property (FAR Part 45), quality assurance (FAR Part 46), obtaining invoiced payments owed to contractors,  and other compliance with the FAR. Mr.Lieberman is also involved in numerous community service activities.  See LinkedIn profile at https://www.linkedin.com/in/richard-d-lieberman-3a25257a/.This website and blog are for educational and information purposes only.  Nothing posted on this website constitutes legal advice, which can only be obtained from a qualified attorney. Website Owner/Consultant does not engage in the practice of law and will not provide legal advice or legal services based on competence and standing in the law. Legal filings and other aspects of a legal practice must be performed by an appropriate attorney. Using this website does not establish an attorney-client relationship. Although the author strives to present accurate information, the information provided on this site is not guaranteed to be complete, correct or up-to-date.  The views expressed on this blog are solely those of the author. FAR Consulting & Training, Bethesda, Maryland, Tel. 202-520-5780, rliebermanconsultant@gmail.com

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