The Government Accountability Office (“GAO”) receives numerous protests alleging that the time allotted from publication of a solicitation to submission of offers is unreasonable. Only a small number of such protests are sustained. Salvadorini Consulting, LLC, B-422376 May 16, 2024 is a typical example. Here's the timeline.
· On January 11, 2023, the Army published a pre-solicitation synopsis for a Positron Emission Tomography or Computed Tomography (“PET/CT”) on the SAM.gov website. The synopsis included a copy of the anticipated performance work statement.
· On February 14, 2024, the agency issued a Request for Quotations (“RFQ”) via SAM.gov. The RFQ also stated the performance period and the evaluation factors. The RFQ required vendors to submit their quotations by Feb. 22, 2024 (8 days after the solicitation was published).
The protester alleged that the 8-day period between RFQ-issuance and the submission deadline provided insufficient time to prepare quotations.
GAO denied the protest. Although agencies must allow at least 30 days from the date the solicitation is used for receipt of offers. FAR 5.203(c), 13.105(a), an agency may permit less than 30 days when acquiring a commercial item. FAR 12.205(c). For commercial items, only a “reasonable opportunity to respond is required. FAR 5.203(b). The solicitation was for a commercial item, thus the Army could allow less than 30 days but was required to provide offers a “reasonable time to prepare and submit quotations. FAR 5.203(b) and 12.205(c).
In response to the protest, the synopsis was published on January 11, giving advance notice. Furthermore, the urgency of an acquisition was also an appropriate consideration. The Army contracting officer explained to the GAO that failure to have the contract in place by March 1, 2024 would adversely affect the continuity of quality care for eligible beneficiaries. Further, the Army noted that the submission requirements did not require lengthy technical submissions but were streamlined and not overly burdensome (merely requiring proof of authority to operate, a statement they would comply with enumerated paragraphs of the performance work statement, and a detailed installation plan and timelines, as well a single page list of relevant past performance). There were also a number of quotes received in response to the solicitation. These factors all gave GAO no basis to question the Army’s 8 day requirement.
Takeaway. You need a strong reason to protest a short response time in a solicitation, particularly for commercial items.
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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