Proposal Land

Better RFP Responses & Management
 
Proposal Land

Proposal Content: Management Stuff

Some notes on management content: what drives the requirement, what it looks like, and where your focus should be. RFP responses can seem complex and intimidating, especially to the uninitiated. Simplify the task by dividing and conquering.

Where Does the Requirement for Management Content Come From?

I’m thinking you’re able to guess this one: “The RFP.”  But what are the underlying drivers?  I think two things:

  • Client due diligence, especially around labour and the environment
  • Client risk avoidance

What Kind of Management Content is Required?

“What kinds aren’t required” might be a shorter list.  Here are relatively standard things:

  • A description of the bidder’s experience in similar work, both corporately and for the personnel being proposed
  • Narrative, tables, and schedules that describe how the bidder will design and staff the organization to deliver the product or services on schedule and budget, including a transition plan if someone else is now doing this Work
  • Narrative that describes how the bidder will manage the effort:
    • To deliver on schedule, scope, and budget
    • To meet quality and performance standards
    • To manage subcontractors
    • To handle client interactions
  • How the bidder plans to meet safety, environmental protection, and any other regulatory requirements
  • In Canadian defence and security procurements, an explanation of how the bidder will meet federally mandated regional development requirements (similar requirements to support small, minority-owned and/or disadvantaged businesses exist in the USA)

Is It a Good Idea to Submit Additional Management Content?

As with technical content, this is an imponderable.  You pays your money, you takes your chances.  Evaluators might reward or penalize additional content.

Where Should the Focus be for Management Content?

Like technical content, management content should be:

  • Clear
  • Compliant with any management requirements in the RFP
  • Complete against the response requirement
  • Consistent (tough, tough, tough to achieve, since management topics – think safety and quality –  slop across technical topic boundaries)

But, in addition, management content should focus on real-world credibility and plain-language examples of where the approach has been used, and to what effect.  Credibility is harder to achieve in management than in technical content, because the former has fewer hard, objective criteria.

 

 

Term: Applicant

Equivalent to bidder; used extensively in design-build and contracting variants (design-build-finance; design-build-finance-maintain).

Proposal Content: Technical Stuff

Some notes on technical content: what drives the requirement, what it looks like, and where your focus should be. RFP responses can seem complex and intimidating, especially to the uninitiated. Simplify the task by dividing and conquering.

Where Does the Requirement for Technical Content Come From?

As with contractual content, the short answer is: “The RFP.”  But in this case, the underlying driver is the Work.  Clients don’t make up response requirements for the fun of it. Instead, they determine what they need to know about the goods or services (or both) that they want:

  • To validate that a bidder’s offer is what they want, or to assess how close it is to what they want
  • To make bidders commit in writing to delivering the goods and/or services
  • To distinguish bidders’ offerings
  • To identify and quantify any risks that they might be accepting in going with a bidder’s technical solution

What Kind of Technical Content is Required?

Whatever it says in the RFP: Designs, drawings, specifications, plans, procedures, schedules, miscellaneous narrative . . .

Is it a Good Idea to Submit Additional Technical Content?

Ah, the $64,000 question.  Here’s the dilemma:

  • In bidder debriefs, clients sometimes note that they wanted more detail, or even that another (unnamed) bidder submitted not just a plan as requested, but also an operating manual.  That suggests that more is better.
  • In bidder debriefs, clients sometimes note that they took issue with the bidder’s approach, as detailed in extra content.  That suggests that while more may be better, sometimes less is more.

There is no single right answer: What is good will depend not only on the client but on the preferences of the  individual evaluators.

Where Should the Focus be on Technical Content?

Technical content should be clear.

Technical content should be compliant with the technical requirement (that is, the solution described by the technical content should be compliant).

Technical content should be complete against the response requirement.

Technical content should be consistent.

Boy, I’d say that was enough work for any proposal effort.

 

Term: Acquisition Contracting

The process of buying a piece of equipment or a system, whether designed from scratch or configured from commercial off-the shelf (COTS) components.

Usually distinguished from services contracting in requiring large capital investment to fund the design and development effort.

Used extensively in military procurement: ships, armoured vehicles, weaponry, radar systems. Information technology systems also fall into this category.

Proposal Content: Contractual Stuff

Some notes on contractual content: what drives the requirement, what it looks like, and where your focus should be. RFP responses can seem complex and intimidating, especially to the uninitiated. Simplify the task by dividing and conquering.

Where Does the Requirement for Contractual Content Come From?

The short answer is:  “The RFP.”  But there are three underlying drivers:

  • Legal requirements around contracting in the applicable jurisdiction
  • Client due diligence requirements (e.g. environmental standards; employment standards)
  • Client contracting norms and views on risk; that is, things that have gone wrong on earlier contracts can end up being codified in conditions that bidders must meet

What Kind of Contractual Content is Required?

Whatever it says in the RFP.

Clients usually include a draft contract in their RFP.  Sometimes (more often at the draft RFP stage than at the final one) they invite bidders to identify any problems they have, any changes they want to make.  Sometimes they require bidders to indicate their acceptance of its terms and conditions as given.

RFPs sometimes also include forms that bidders must complete and include with their proposals:

  • A form that commits the bidder to the terms of their proposal (known as an “offer” in contracting circles) if the client decides to contract with them (known as “acceptance” in contracting circles, hence “offer and acceptance” in the legal sense)
  • Other legally binding forms; for example, various certifications:
    • That the bidder meets government requirements for equitable employment practices
    • That the people being proposed to do the work will be available as promised
    • That the people being proposed to do the work have the qualifications stated in their resumes submitted with the proposal
    • That the bidder’s insurance company will issue insurance that satisfies RFP requirements if the bidder is successful
    • And so on . . .

Are There Always Forms?

No.

RFPs sometimes require responses or certifications of some sort, but don’t provide any form for bidders to complete.  In that case, bidders must develop their own format.

So How Do You Know What to Submit?

You read the RFP carefully: the overview, the draft contract, the response instructions, and the evaluation criteria if provided.

Does it Require a Lawyer or Contracts Expert?

Not to identify the requirements: An intelligent lay reader can usually handle it.  However, if the requirements are badly (i.e. confusedly) stated, an expert review might be needed, either from the perspective of interpreting legal language, or from the perspective of interpreting this client’s usual language and contracting framework.  In either case, it’s prudent to ask for clarification from the client.

On the other hand, a lawyer or contracts expert should likely validate that the documents being proposed to be submitted actually meet the requirement.

Finally, it might be corporate policy or just good politics to have a contracts expert or in-house counsel (if such there be) brief senior executives on the requirements.  Corporate executives taking signing responsibility for a bid are understandably reluctant to take just anyone’s word that everything is OK.