Quality Magazine logo
search
cart
facebook twitter linkedin youtube
  • Sign In
  • Create Account
  • Sign Out
  • My Account
Quality Magazine logo
  • NEWS
  • PRODUCTS
    • FEATURED PRODUCTS
    • SUBMIT YOUR PRODUCT
  • CHANNELS
    • AUTOMATION
    • MANAGEMENT
    • MEASUREMENT
    • NDT
    • QUALITY 101
    • SOFTWARE
    • TEST & INSPECTION
    • VISION & SENSORS
  • MARKETS
    • AEROSPACE
    • AUTOMOTIVE
    • ENERGY
    • GREEN MANUFACTURING
    • MEDICAL
  • MEDIA
    • A WORD ON QUALITY PUZZLE
    • EBOOK
    • PODCASTS
    • VIDEOS
    • WEBINARS
  • EVENTS
    • EVENT CALENDAR
    • IMTS
  • DIRECTORIES
    • BUYERS GUIDE >
      • Supplier Insights
    • NDT SOURCEBOOK
    • VISION & SENSORS
    • TAKE A TOUR
  • INFOCENTERS
    • Digital Quality Management Systems
    • NEXT GENERATION SPC & QUALITY ANALYTICS
  • AWARDS
    • ROOKIE OF THE YEAR
    • PLANT OF THE YEAR
    • PROFESSIONAL OF THE YEAR
  • MORE
    • Expert Columns
    • NEWSLETTERS
    • QUALITY STORE
    • INDUSTRY LINKS
    • SPONSOR INSIGHTS
  • EMAG
    • eMAGAZINE
    • ARCHIVES
    • CONTACT
    • ADVERTISE
  • SIGN UP!
Management

Federal Agency Contracting by Negotiation

FOR MOST ACQUISITIONS, AGENCIES USE COMPETITIVE NEGOTIATION.

By Bryan Berson
December 4, 2014

When agencies of the federal government procure supplies, federal laws and regulations require that they use a competitive process. The Federal Acquisition Regulations (FAR) detail two procedures to accomplish this—sealed bidding and competitive negotiation.

Sealed bidding is usually inappropriate for the procurement of complex services and manufactured goods. It is used for procurements based on price and when discussion of the bids is unnecessary. Agencies tend to use sealed bidding for routine construction, repairs, off-the-shelf supplies, and relatively non-complex services (e.g., custodial services).

For most acquisitions, agencies use competitive negotiation. They use a uniform contract and Request for Proposals (RFP). The RFP describes an agency’s requirements, terms and conditions. To facilitate contractors’ preparation of proposals and fair competition, RFPs must disclose all of the significant factors that the agency will consider in its evaluation.

Agencies must disclose the relative importance of the price and technical factors. If they do not, one may assume that the factors have approximately equal significance. Agencies can use and evaluate (1) technical factors, (2) price or cost, (3) past performance and (4) the company’s management. During the evaluation process, agency officials with decision-making authority and their subordinates may disagree in their analyses and conclusions.

Agencies may request that offerors make oral presentations to supplement their written proposals. This can facilitate dialogue and streamline source selection. Based on the ratings assigned to proposals, agencies can establish a “competitive range” of offerors with which it will negotiate before making an award. The agency must notify the offers that are eliminated at this stage of the process.

An agency’s contracting officer may negotiate (i.e., engage in discussions) with offerors with regard to the price, technical factors, schedule, past performance, weaknesses and other terms. The agency cannot favor one contractor or reveal one contractor’s price, technical solutions, intellectual property, and a variety of other information.

Agencies must conduct meaningful discussions, but they do not have to explain every single item that can be revised or improved. Agencies do not need to disclose their preference for an approach, whether the offeror’s price is relatively high, or minor weaknesses. If appropriate, they must identify problems with the offeror’s methodology. After discussions conclude, offerors in the competitive range may submit a final proposal revision.

Price and cost analyses are not the same. Agencies use price analysis to verify the reasonableness of the price, which is affected by the circumstances and complexity of the procurement. Cost analysis is used to evaluate the reasonability of the proposal’s cost elements.

The FAR recognizes that contractors must be sufficiently compensated in order to generate competition for government contracts and to motivate companies to perform quality work. With few exceptions, the FAR prohibits the use of profit ceilings. Agencies need only examine profits with regard to cost analyses.

Source selection’s stated goal is to enable an agency to procure the best value, or the greatest benefit in light of its needs and requirements. There is a tradeoff among price, technical excellence and performance considerations. An agency can choose a proposal other than the one with the lowest price tag. It must document its decision and rationale to avoid being overturned later if a disappointed offeror protests.

Agencies must notify unsuccessful contractors when they are eliminated. Within three days of receiving notice, disappointed offerors may request a debriefing. Pre-award notices and debriefings (which occur during the process of establishing a competitive range) differ in content from post-award notices and debriefings.

Post-award debriefings must include (1) an evaluation of the offer’s significant weaknesses, (2) the financial and technical rating of the successful contractor, (3) a ranking of offerors, (4) a brief rationale for the award and (5) responses to questions about source selection process. They do not include detailed comparisons of proposals or trade secrets. Contractors may later use this information in a protest.

 Under the FAR, contractors may submit unsolicited proposals for innovative ideas to obtain government contracts. The government encourages such submissions, which may facilitate agencies’ objectives. Agencies, however, must still comply with laws and FAR regulations that require competition. 

KEYWORDS: government contracts

Share This Story

Looking for a reprint of this article?
From high-res PDFs to custom plaques, order your copy today!

Bryan L. Berson, Esq. is an attorney and mediator at The Berson Firm, P.C., a commercial and civil law firm specializing in business law, real estate, mediation and litigation. His e-mail is [email protected]. Connect with The Berson Firm on Facebook and Bryan on LinkedIn.

Recommended Content

JOIN TODAY
to unlock your recommendations.

Already have an account? Sign In

  • 2024 Quality Rookie of the Year Justin Wise 1440x750px banner with "Quality Rookie of the Year" logo inset

    Meet the 2024 Quality Rookie of the Year: Justin Wise

    Justin Wise is an exceptional individual who has been...
    Aerospace
    By: Michelle Bangert
  • Man with umbrella and coat stands outside while it rains at night looking at a building.

    Nondestructive Testing: Is there an ethics problem?

    I was a whistleblower who exposed fraudulent activities...
    NDT
    By: Dale Norwood
  • Unraveling Deflategate: Football stadium with closeup of football on field

    Unraveling the Tom Brady Deflategate

    The Deflategate scandal erupted following the 2014 AFC...
    Measurement
    By: Greg Cenker and Henry Zumbrun
Manage My Account
  • eMagazine Subscriptions
  • Newsletters
  • Online Registration
  • Subscription Customer Service
  • Manage My Preferences

More Videos

Sponsored Content

Sponsored Content is a special paid section where industry companies provide high quality, objective, non-commercial content around topics of interest to the Quality audience. All Sponsored Content is supplied by the advertising company and any opinions expressed in this article are those of the author and not necessarily reflect the views of Quality or its parent company, BNP Media. Interested in participating in our Sponsored Content section? Contact your local rep!

close
  • Key Takeaways for Quality Leaders
    Sponsored byComplianceQuest

    Key Takeaways for Quality Leaders from the 2026 Gartner Magic Quadrant™ for QMS

  • This image shows a person seated next to a Bobcat T66 compact track loader.
    Sponsored byPolyWorks by InnovMetric

    Supercharging Digital Gauging at Bobcat North America

  • Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios
    Sponsored byDorsey Metrology International

    Ensuring Product Quality in a Competitive Manufacturing Landscape

Popular Stories

a titanium diaphragm speaker driver

The One Thing Elon Gets Right Is Designed to Scare You

This image shows a person seated next to a Bobcat T66 compact track loader.

Supercharging Digital Gauging at Bobcat North America

Dorsey Calibration Lab photo by Tom LaBarbera Picture this Studios

Ensuring Product Quality in a Competitive Manufacturing Landscape

2026 Quality Professional of the Year!

Events

June 9, 2026

Future-Proof your Quality Processes with Advanced 3D Optical CMM Technology

Discover how to effortlessly capture complex data, leverage true multi-sensor automation, and ensure continuous operation without creating inspection delays.

June 22, 2026

Automate 2026

Automate is North America's largest robotics and automation event — and the best place to take your ideas from insight to impact.
 
Our show floor features the world’s leading automation solutions, from AI and robotics to motion control, vision systems, and more. Plus, our educational conference is second to none, led by the brightest minds in automation today.
 
Ready to transform the way you work? Take the next step at Automate.
View All Submit An Event

Products

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

Lean Manufacturing and Service Fundamentals, Applications, and Case Studies

See More Products
Quality Podcast Channel Custom Content

Related Articles

  • Federal Procurement Contracts

    See More
  • Using Agents In Your Business

    See More
  • Self-Destructive Habits

    See More

Related Products

See More Products
  • H1517.jpg

    A Practical Field Guide For ISO 9001:2015

  • Creating a Kaizen Culture: Align the Organization, Achieve Breakthrough Results, and Sustain the Gains

See More Products
×

Stay in the know with Quality’s comprehensive coverage of
the manufacturing and metrology industries.

Newsletters | Website | eMagazine

JOIN TODAY!
  • RESOURCES
    • Advertise
    • Contact Us
    • Directories
    • Manufacturing Division
    • Store
    • Want More
  • SIGN UP TODAY
    • Create Account
    • eMagazine
    • Newsletters
    • Customer Service
    • Manage Preferences
  • SERVICES
    • Marketing Services
    • Market Research
    • Reprints
    • List Rental
    • Survey/Respondent Access
  • STAY CONNECTED
    • LinkedIn
    • Facebook
    • YouTube
    • X (Twitter)
  • PRIVACY
    • PRIVACY POLICY
    • TERMS & CONDITIONS
    • DO NOT SELL MY PERSONAL INFORMATION
    • PRIVACY REQUEST
    • ACCESSIBILITY

Copyright ©2026. All Rights Reserved BNP Media, Inc. and BNP Media II, LLC.

Design, CMS, Hosting & Web Development :: ePublishing