Section E. Inspection & Acceptance

Section E describes how the Government will inspect and officially accept delivery of services and/or items covered in the contract including inspection process and quality assurance/reliability requirements. Contract quality requirements, including contractor inspection, required under a contract is based on the classification of the contract item (supply or service) as determined by its technical description, its complexity, and the criticality of its application. The levels range from reliance on the contractor’s commercial practices to detailed specifications for a contractor quality assurance program. The purpose is to ensure the government is getting what it is paying for under the terms of the contract.
The following items should be included:
REVIEW ACTIONS
Inspection and acceptance descriptions may be included in FAR clauses that are only incorporated by reference, so you should locate and review them in full text to understand their impact on your response. There may also be references to Section H, Special Contract Requirements and Section I, Contract Clauses. Be on the lookout for whether inspections occur on-site or off-site and whether a DCMA audit is required.
It is not usually of direct interest to the financial manager; however, it may become important if inspection/acceptance problems delay payments, putting the program behind schedule on its expenditure plan.
SUBMISSION ACTION
This section may reflect quality assurance requirements, so be sure they are re consistent and compatible with those listed in Section C. If there are obvious contradictions or inconsistencies, bring them to the attention of the contracting officer.
Your proposal should acknowledge the government’s inspection requirements by including them in the description of your inspection system, records maintenance, and any testing that must be conducted during certain points in the contract period. These should also be represented in your detailed program schedule or integrated master schedule, if required by the RFP.
SUCCESS TIP
Be sure to account for any Section E requirements or tasks in your integrated master schedule and cost proposal.
WARNING
Section E is often overlooked by small businesses. Inspection and acceptance activities must be factored into your delivery schedule and pricing. If not, you could be for a disastrous situation.
In extreme cases, the government agency can have another firm perform the services or deliver the goods and charge associated costs to you.
Watch for hidden proposal instructions and fill-in the blank items. The fool-proof method involves reading the entire section, end-to-end, and marking instructions and blanks with a highlighter.
The following items should be included:
- Basis of Acceptance
- Inspection/Acceptance Lead Times
- Rejection and Corrective Action Process
- Review of Deliverables
REVIEW ACTIONS
Inspection and acceptance descriptions may be included in FAR clauses that are only incorporated by reference, so you should locate and review them in full text to understand their impact on your response. There may also be references to Section H, Special Contract Requirements and Section I, Contract Clauses. Be on the lookout for whether inspections occur on-site or off-site and whether a DCMA audit is required.
It is not usually of direct interest to the financial manager; however, it may become important if inspection/acceptance problems delay payments, putting the program behind schedule on its expenditure plan.
SUBMISSION ACTION
This section may reflect quality assurance requirements, so be sure they are re consistent and compatible with those listed in Section C. If there are obvious contradictions or inconsistencies, bring them to the attention of the contracting officer.
Your proposal should acknowledge the government’s inspection requirements by including them in the description of your inspection system, records maintenance, and any testing that must be conducted during certain points in the contract period. These should also be represented in your detailed program schedule or integrated master schedule, if required by the RFP.
SUCCESS TIP
Be sure to account for any Section E requirements or tasks in your integrated master schedule and cost proposal.
WARNING
Section E is often overlooked by small businesses. Inspection and acceptance activities must be factored into your delivery schedule and pricing. If not, you could be for a disastrous situation.
In extreme cases, the government agency can have another firm perform the services or deliver the goods and charge associated costs to you.
Watch for hidden proposal instructions and fill-in the blank items. The fool-proof method involves reading the entire section, end-to-end, and marking instructions and blanks with a highlighter.
Section F. Delivery and Performance

Section F defines how delivery and contract performance will occur after contract award including time, place, and method. Information might include delivery order process, task order process, whether products are to be delivered in the Continental U.S. (CONUS) or Outside the Continental U.S. (OCONUS), term of contract, late/early delivery implications, special delivery requirements, option to extend completion, and CDRL delivery schedule and review process.
The information in this section should be scrutinized to ensure compliance with funding policies (for example, funded delivery period for procurement end items and period of performance for incrementally funded activities). This section also contains any clauses regarding liquidated damages, variations in quantity, stop work orders, suspension of work, Government delays of work, or instructions about the defense priorities and allocations system.
REVIEW ACTIONS
If this section includes a required delivery schedule by CLIN and CDRL, review for consistency against each CDRL (DD Form 1423) included in Section J, Attachments.
Section F will include any clauses that are incorporated by reference for deliveries and performance including FOB designations. Be sure to understand when and where the product or service must be delivered or performed and whether travel expenses are allowed.
Also, look for “hidden extras” that the Government is requesting of you, for example: “The Contractor will be required to relocate personnel, but will not be reimbursed.”
SUBMISSION ACTION
It is a best practice to account for each CDRL in your written response. Include the location reference in a cross-reference matrix to let the government know that you are aware of all deliverables. Also, do a final review of any Gantt or schedule charts in your proposal submission so that they are consistent with Section F requirements.
For commercial item procurements, this section many include the Offeror’s Proposed Delivery Schedule. Be sure to fill in the schedule and submit with your proposal.
Any shipping instructions included in this section relate to post-award contract execution. For details on how to deliver your proposal response, refer to Section L, Instructions.
SUCCESS TIP
Understand the difference between FOB origin and FOB destination how they can impact your cost proposal:
WARNING
Read this section carefully for impacts to your cost proposal. Also, this section may show the period of performance for the final contract, however, this date will change if there is a delay in the final RFP release or the contract award date.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
The information in this section should be scrutinized to ensure compliance with funding policies (for example, funded delivery period for procurement end items and period of performance for incrementally funded activities). This section also contains any clauses regarding liquidated damages, variations in quantity, stop work orders, suspension of work, Government delays of work, or instructions about the defense priorities and allocations system.
REVIEW ACTIONS
If this section includes a required delivery schedule by CLIN and CDRL, review for consistency against each CDRL (DD Form 1423) included in Section J, Attachments.
Section F will include any clauses that are incorporated by reference for deliveries and performance including FOB designations. Be sure to understand when and where the product or service must be delivered or performed and whether travel expenses are allowed.
Also, look for “hidden extras” that the Government is requesting of you, for example: “The Contractor will be required to relocate personnel, but will not be reimbursed.”
SUBMISSION ACTION
It is a best practice to account for each CDRL in your written response. Include the location reference in a cross-reference matrix to let the government know that you are aware of all deliverables. Also, do a final review of any Gantt or schedule charts in your proposal submission so that they are consistent with Section F requirements.
For commercial item procurements, this section many include the Offeror’s Proposed Delivery Schedule. Be sure to fill in the schedule and submit with your proposal.
Any shipping instructions included in this section relate to post-award contract execution. For details on how to deliver your proposal response, refer to Section L, Instructions.
SUCCESS TIP
Understand the difference between FOB origin and FOB destination how they can impact your cost proposal:
- An FOB origin contract requires the government to pay shipping costs and to assume risk of loss or damage to the goods en route. The contractor is responsible only for delivery of the goods to a common carrier or the USPS. Delivery is complete once this occurs.
- With FOB destination, the contractor is responsible for the arrival of goods to the location specified in the contract. The contractor pays all shipping costs and retains the risk of loss or damage to the goods until they arrive at their destination.
WARNING
Read this section carefully for impacts to your cost proposal. Also, this section may show the period of performance for the final contract, however, this date will change if there is a delay in the final RFP release or the contract award date.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Section G. Contract Administration Data

Section G describes how the Government and your company will communicate to ensure both performance and prompt payment. It describes how you must manage the accounting and documentation systems including the filing and storage of government contract documentation. This section may present other contracting administration data such as:
Section G supplements the administration information contained in Section A, so look for inconsistencies. This section may also include award fee information (applies to cost-reimbursement contracts only).
SUBMISSION ACTION
Read it carefully, because you may be required to fill out and submit your company’s points of contact (POC) for:
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency. For example, NASA includes put information like badging and financial reporting whereas DoD would include such information in Section H.
WARNING
This section incorporates other clauses by reference so be sure to read each one and confirm that you are able to comply. Upon contract award, you will be required to perform the services, or provide goods according to all terms and conditions.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
- Contract administration data including names of Contracting Officer (KO), Contracting Officer’s Representative (COR), and other technical representative
- Technology and/or Patent representatives
- Authority for decision making and order placement
- Authority for technical direction
- Appropriation account code for contract funds
- Allowable expenses
- Tracking Direct and indirect costs
- Instructions on how to prepare your company’s invoices for payment
- Incorporates other clauses by reference
- Award Fee (for cost-reimbursement contracts)
- Task Order procedures for IDIQ contracts
- List of clauses incorporated by reference
- Place of performance
- Hours of operation and workforce
- Key personnel
- Contracting authority
- Contracting officer’s representative (COR) designation
- Technical direction
- Modification authority
- Problem resolution
- Past performance reporting
- Contract funding
- Invoicing and payment
- Ceiling pricing notification and management
- Contract closeout
Section G supplements the administration information contained in Section A, so look for inconsistencies. This section may also include award fee information (applies to cost-reimbursement contracts only).
SUBMISSION ACTION
Read it carefully, because you may be required to fill out and submit your company’s points of contact (POC) for:
- Contract Administration
- Contractor Performance Assessment Reporting System (CPARS)
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency. For example, NASA includes put information like badging and financial reporting whereas DoD would include such information in Section H.
WARNING
This section incorporates other clauses by reference so be sure to read each one and confirm that you are able to comply. Upon contract award, you will be required to perform the services, or provide goods according to all terms and conditions.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Section H. Special Contract Requirements

Section H includes a clear statement of any special contract requirements that are not included in Section I or do not fit elsewhere in the Uniform Contract Format. So, be aware, they could include anything. Here’s a list candidate clauses:
REVIEW ACTIONS
The contractor officer has several hundred clauses and provisions to choose from when drafting Section H. Every clause included in this section must be there for a reason – either a regulation requires it or the administration of the contract necessitates it. Review for any clauses that unnecessarily add to the contract cost and consider raising the issue with the contracting officer.
Even if you are already skilled at RFP analysis and familiar with the standard contract clauses, be on the look for NEW clauses added in recent years (e.g., 2011, 2012, 2013, 2014).
SUBMISSION ACTION
Section H will include any clauses that are incorporated by reference for special contract requirements. It may also include.
Be sure to account for these special contract requirements in both your written and cost response. Items likely be written into your response include: task ordering procedure (applies to indefinite-delivery contracts/IDIQs); key personnel and facilities; badging; personnel security; observance of legal holidays and more.
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency. For example, NASA includes put information like badging and financial reporting whereas DoD would include such information in Section H.
Always be prepared with a leadership plan because you may be required to submit list of key personnel by name and position. To avoid the perception of bait and switch, state an expiration date for the availability of key personnel named in your proposal. Typically, this expiration date is between 90 and 180 days after proposal due date.
Try to minimize the number of Section H RFP questions you submit and avoid taking exception to any of the Section H requirements. Some of these requirements can be negotiated after award during noncompetitive negotiations.
WARNING
Read carefully. Section H may contain requirements that result in hidden costs that add up quickly and may not be recoverable.
The FAR instructions do not state exactly what clauses are to be included in this section, therefore, each clause requires your careful attention and analysis. Some clauses may be unique to the agency and included based on a previous contractor issue. Avoid taking exception to a clause because it is ambiguous; instead, raise it to the contracting officer for clarification.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Miss one of these and your proposal will likely be rejected.
- List of clauses incorporated by reference
- Unique local clauses that apply to domestic or international locales
- Contract transition
- Cost management (accounting / purchasing / EVM)
- Economic price adjustment provisions
- Emergency preparedness
- Employment eligibility and termination
- Environmental and energy conservation requirements (newer clauses added in recent years)
- Foreign sources
- Government site support
- Government-furnished equipment, property, facilities, services, or information
- Key personnel requirements/substitutions
- Limitations on the federal government’s obligations
- Multi-year provisions / option terms
- Non-disclosure agreement, rights to data, confidentiality requirements, security audits, privacy regulations
- Observance of legal holidays
- Organizational conflict of interest (OCI)
- Payment of incentive fees
- Protecting sensitive information
- Reimbursable costs including travel, supplies and materials, G&A, ODC ceilings, training
- Risk level designation for the contract
- Safety and health
- Section 508 requirements
- Security clearance and badging requirements
- Suitability determination
- Background investigations
- Badging requirements for employees working onsite at the Government’s facility
- Security management including physical and information technology (IT) security requirements
- Security requirements
- Service Contract Act wage determinations
- Small business subcontracting goals
- Standard post-government employment certifications
- Task or delivery order ordering details
- Technical data requirements
- Travel requests and procedures
- Work location and equipment
REVIEW ACTIONS
The contractor officer has several hundred clauses and provisions to choose from when drafting Section H. Every clause included in this section must be there for a reason – either a regulation requires it or the administration of the contract necessitates it. Review for any clauses that unnecessarily add to the contract cost and consider raising the issue with the contracting officer.
Even if you are already skilled at RFP analysis and familiar with the standard contract clauses, be on the look for NEW clauses added in recent years (e.g., 2011, 2012, 2013, 2014).
SUBMISSION ACTION
Section H will include any clauses that are incorporated by reference for special contract requirements. It may also include.
Be sure to account for these special contract requirements in both your written and cost response. Items likely be written into your response include: task ordering procedure (applies to indefinite-delivery contracts/IDIQs); key personnel and facilities; badging; personnel security; observance of legal holidays and more.
SUCCESS TIP
Policies concerning placement of these clauses vary among federal agencies and even among the buying offices within an agency. For example, NASA includes put information like badging and financial reporting whereas DoD would include such information in Section H.
Always be prepared with a leadership plan because you may be required to submit list of key personnel by name and position. To avoid the perception of bait and switch, state an expiration date for the availability of key personnel named in your proposal. Typically, this expiration date is between 90 and 180 days after proposal due date.
Try to minimize the number of Section H RFP questions you submit and avoid taking exception to any of the Section H requirements. Some of these requirements can be negotiated after award during noncompetitive negotiations.
WARNING
Read carefully. Section H may contain requirements that result in hidden costs that add up quickly and may not be recoverable.
The FAR instructions do not state exactly what clauses are to be included in this section, therefore, each clause requires your careful attention and analysis. Some clauses may be unique to the agency and included based on a previous contractor issue. Avoid taking exception to a clause because it is ambiguous; instead, raise it to the contracting officer for clarification.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Miss one of these and your proposal will likely be rejected.
Section I. Contract Clauses/General Provisions

Section I incorporates all government procurement requirements and laws that apply to the contract action. As a general rule, only clauses included in the FAR part 52 (and a federal agency’s FAR supplement Part 52) are included in this section. Each clause derives its authority from the FAR or from a public law, statute or executive order. Most clauses included in this section are referenced by the clause number, title, date, and regulation source. Some clauses must incorporated in full text if:
This section also includes the
Read clauses at their original source as they may change over time. Be on the lookout for new, unfamiliar clauses which are easy to spot because of the date of the clause.
This section is often fraught with errors due to copy and paste, so review clauses for missing data items and inconsistencies with other parts of the proposal (e.g., dollar values, dates, quantities, etc.)
SUBMISSION ACTION
Even though this section identifies the contract clauses incorporated by reference, these clauses carry the same force and effect as if they were given in full text and are incorporated into the contract. While this section doesn’t require a separate response, its terms will be legally binding.
Clauses regarding information technology and sensitive information are important and the RFP may require you to submit an Organizational Conflict of Interest (OCI) Plan with your proposal.
SUCCESS TIP
Locate, read and understand each clause carefully. Don’t waste time and effort competing for contracts that you cannot legally fulfill.
WARNING
This is the section that people try to skip over. Remember, these are the laws and statutes that apply to the contract action.
Most clauses included in Section I must “flow down” to subcontractors. In other words, the same clauses that apply to the prime contractor may apply to the subcontractor. As the prime, you are responsible for ensuring that your subcontractors adhere to all of the terms and conditions of the contracts that have flow-down requirements.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
- The FAR or an agency regulation specifically requires full text
- The contractor must complete the clause by filling in required information
This section also includes the
- Access to and release of sensitive information
- DFAR supplement
- Disadvantaged business concerns
- Estimate of percentage of recovered material content for EPA-designated items
- FOB origin/destination
- General contract clauses
- General Services Administration Acquisition Manual (GSAM) clauses
- Notice of price evaluation adjustment for small
- Ombudsman
- Option to extend service or terms of contract
- Ordering information and limitations
- Providing accelerated payment to small business
- Release of sensitive information
- Restriction on funding activity with China
- Security requirements for unclassified information technology resources
- Statement of equivalent rates for Federal hires
- Subcontracting rules
- Technology resources
- Union specifications including dues or fees
- Set-aside information including 8(a) contract conditions, if designated as a set-aside
Read clauses at their original source as they may change over time. Be on the lookout for new, unfamiliar clauses which are easy to spot because of the date of the clause.
This section is often fraught with errors due to copy and paste, so review clauses for missing data items and inconsistencies with other parts of the proposal (e.g., dollar values, dates, quantities, etc.)
SUBMISSION ACTION
Even though this section identifies the contract clauses incorporated by reference, these clauses carry the same force and effect as if they were given in full text and are incorporated into the contract. While this section doesn’t require a separate response, its terms will be legally binding.
Clauses regarding information technology and sensitive information are important and the RFP may require you to submit an Organizational Conflict of Interest (OCI) Plan with your proposal.
SUCCESS TIP
Locate, read and understand each clause carefully. Don’t waste time and effort competing for contracts that you cannot legally fulfill.
WARNING
This is the section that people try to skip over. Remember, these are the laws and statutes that apply to the contract action.
Most clauses included in Section I must “flow down” to subcontractors. In other words, the same clauses that apply to the prime contractor may apply to the subcontractor. As the prime, you are responsible for ensuring that your subcontractors adhere to all of the terms and conditions of the contracts that have flow-down requirements.
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter.
Section J. List of Attachments (Documents, Exhibits and Other Attachments)

Section J is used to provide additional information that does not fit anywhere else in the RFP, e.g., technical and scientific data, measurements, drawings, tolerances, etc. It begins with an inventory listing all attachments to the RFP and attachments can cover a wide range of topics including:
REVIEW ACTIONS
Before beginning your review, be certain that you’ve download the latest RFP in its entirety and that all of the files are within easy reach. As you read each section of the RFP, check that all referenced attachments or exhibits are included in Section J or elsewhere. Many times attachments are mislabeled or omitted in error.
Review the CDRL against the individual DIDs and review the requirements for each one including due dates, delivery formats, outlines, distribution.
SUBMISSION ACTION
All DIDs must be addressed in the proposal response either in the technical or management volume. It may make sense to reference some of them only from the cost volume narrative. If the RFP calls for an integrated master schedule (IMS), all DIDs should be reflected in the schedule.
The RFP may require that you submit sample plans for some of the DIDs. Be sure to the follow the format specified in the DID or other RFP guidance. Examples of plans that may be required include: Safety & Health Plan, Quality Plan, Contract Phase-In Plan, and the Management Plan. On a large, complex procurement, the RFP might request plans to be submitted as a separate volume.
SUCCESS TIP
What Are the Steps in the Proposal Process for the Federal ... (n.d.). Retrieved from http://www.fedbiztips.net/2009/06/22/what-are-the-steps-in-the-proposal-process-for-the-federal-government/ Section J will include a Contract Data Requirements List (CDRL) which provides an inventory of the deliverables followed by Data Item Descriptions (DIDs) for each of the deliverables. It is critical that you review this list because some of these plans, reports, and documents may be due prior to award, upon award or shortly after award.
WARNING
Check the FBO page daily to be sure you have all of the latest RFP files. Depending on the level of amendment-related activity, you might want to check twice a day – especially as you get closer to the proposal submission deadline. You can also set an FBO alert for the procurement to be sure you receive all of the amendments which may contain new attachments, however, notifications maybe delayed by the message batch list and you would receive a notification that an update was posted to FBO the previous day. Failure to refer to and/or incorporate information from Section J could result in a lower score and possible eliminated from the competition.
- Acronym list
- Architectural drawings
- Award/Incentive Fee Plan
- Contract Data Requirements List (CDRL)
- Contract Funds Status Report (CFSR)
- Contract Performance Report (CPR)
- Data Item Descriptions (DIDs)
- Earned value management (EVM) reports
- Contract Security Classification Specification (DD Form 254)
- Desired Labor Category Descriptions
- Government Furnished Property Inventory
- Past Performance / Experience Information Sheet or Template
- Personal Identification Card Issuance Procedures
- Quality Assurance Surveillance Plan (QASP)
- Sample task orders
- Sample Work Order Request
- Security Requirements
- Statement of Objectives, Statement of Work (PWS), and/or Performance Work Statement (PWS) (if not included under Section C)
- System requirements and specifications
- Wage Determination (if Service Contract Act procurement)
REVIEW ACTIONS
Before beginning your review, be certain that you’ve download the latest RFP in its entirety and that all of the files are within easy reach. As you read each section of the RFP, check that all referenced attachments or exhibits are included in Section J or elsewhere. Many times attachments are mislabeled or omitted in error.
Review the CDRL against the individual DIDs and review the requirements for each one including due dates, delivery formats, outlines, distribution.
SUBMISSION ACTION
All DIDs must be addressed in the proposal response either in the technical or management volume. It may make sense to reference some of them only from the cost volume narrative. If the RFP calls for an integrated master schedule (IMS), all DIDs should be reflected in the schedule.
The RFP may require that you submit sample plans for some of the DIDs. Be sure to the follow the format specified in the DID or other RFP guidance. Examples of plans that may be required include: Safety & Health Plan, Quality Plan, Contract Phase-In Plan, and the Management Plan. On a large, complex procurement, the RFP might request plans to be submitted as a separate volume.
SUCCESS TIP
What Are the Steps in the Proposal Process for the Federal ... (n.d.). Retrieved from http://www.fedbiztips.net/2009/06/22/what-are-the-steps-in-the-proposal-process-for-the-federal-government/ Section J will include a Contract Data Requirements List (CDRL) which provides an inventory of the deliverables followed by Data Item Descriptions (DIDs) for each of the deliverables. It is critical that you review this list because some of these plans, reports, and documents may be due prior to award, upon award or shortly after award.
WARNING
Check the FBO page daily to be sure you have all of the latest RFP files. Depending on the level of amendment-related activity, you might want to check twice a day – especially as you get closer to the proposal submission deadline. You can also set an FBO alert for the procurement to be sure you receive all of the amendments which may contain new attachments, however, notifications maybe delayed by the message batch list and you would receive a notification that an update was posted to FBO the previous day. Failure to refer to and/or incorporate information from Section J could result in a lower score and possible eliminated from the competition.
Section K. Representations, Certifications, & Other Statements

Section K, often referred to as the reps and certs process, requires the offeror to demonstrate eligibility by providing business entity information and certifying that it complies with all of the acquisition’s applicable laws and regulations. For example, a procurement set aside for woman-owned, small businesses (WOSBs) can only be awarded to a company that represents and certifies that it is a woman-owned, small business. Contracting officers will generally accept contractor’s self-certification, unless there is a reason to challenge, such as a competitor’s request.
In 2005, the Online Representations and Certifications Application (ORCA) replaced the paper-based reps and certs process. Contractors are now required to complete electronic annual representations and certifications via the ORCA website at least annually. This can be done as a part of your required annual SAM.gov update. Usually, the solicitation will contain a single provision allowing you to certify that all of your representations and certifications in ORCA are current, complete and accurate as of the date of your signature.
This allows contractors to enter their reps and certs information once for use on all federal contracts. However, RFP Section K still requires the offer to explicitly certify their entity’s ORCA is current, accurate, and complete. For some RFPs, the offeror may be required to respond to additional acquisition-specific provisions and clauses within Section K.
Some commercial item procurements may allow offers to submit paper-based reps and certs in lieu of creating an ORCA record.
You must log into the ORCA system and renew your firm’s record at least once per year.
REVIEW ACTIONS
Some federal solicitations contain additional reps and certs that are not contained in ORCA. For example, additional reps and certs that are required under the agency’s FAR supplement (e.g., DFARs). Review Section K in hard copy and flag the provisions that go beyond ORCA[IW1] . Also, highlight hidden proposal instructions and fill-in the blank items. Make a note of where the Section K response belongs in your proposal outline so there’s no last-minute confusion how or where to include it.
Upon receipt of a new RFP, review your ORCA record to ensure that it reflects the acquisition NAICS code – either as primary or secondary. Also, confirm that your entity meets the small business size standard for that particular NAICS code as size standards vary by NAICS code.
SUBMISSION ACTION
If the RFP includes provisions that go beyond those that appear in ORCA, the offer must fill out Section K and submit with its proposal. The provisions are legally binding and must be completed by an official authorized to bind the contractor. Failure to respond to Section K could result in the government’s rejection of your proposal.
SUCCESS TIP
There are no contingency items that hold up the completion of Section K, reps and certs; therefore, complete it as early as possible in the proposal process.
WARNING
Read carefully to ensure a thorough understanding. Some provisions carry legal penalties for mis-certification.
In 2005, the Online Representations and Certifications Application (ORCA) replaced the paper-based reps and certs process. Contractors are now required to complete electronic annual representations and certifications via the ORCA website at least annually. This can be done as a part of your required annual SAM.gov update. Usually, the solicitation will contain a single provision allowing you to certify that all of your representations and certifications in ORCA are current, complete and accurate as of the date of your signature.
This allows contractors to enter their reps and certs information once for use on all federal contracts. However, RFP Section K still requires the offer to explicitly certify their entity’s ORCA is current, accurate, and complete. For some RFPs, the offeror may be required to respond to additional acquisition-specific provisions and clauses within Section K.
Some commercial item procurements may allow offers to submit paper-based reps and certs in lieu of creating an ORCA record.
You must log into the ORCA system and renew your firm’s record at least once per year.
REVIEW ACTIONS
Some federal solicitations contain additional reps and certs that are not contained in ORCA. For example, additional reps and certs that are required under the agency’s FAR supplement (e.g., DFARs). Review Section K in hard copy and flag the provisions that go beyond ORCA[IW1] . Also, highlight hidden proposal instructions and fill-in the blank items. Make a note of where the Section K response belongs in your proposal outline so there’s no last-minute confusion how or where to include it.
Upon receipt of a new RFP, review your ORCA record to ensure that it reflects the acquisition NAICS code – either as primary or secondary. Also, confirm that your entity meets the small business size standard for that particular NAICS code as size standards vary by NAICS code.
SUBMISSION ACTION
If the RFP includes provisions that go beyond those that appear in ORCA, the offer must fill out Section K and submit with its proposal. The provisions are legally binding and must be completed by an official authorized to bind the contractor. Failure to respond to Section K could result in the government’s rejection of your proposal.
SUCCESS TIP
There are no contingency items that hold up the completion of Section K, reps and certs; therefore, complete it as early as possible in the proposal process.
WARNING
Read carefully to ensure a thorough understanding. Some provisions carry legal penalties for mis-certification.
Section L. Instructions, Conditions, and Notices to Offerors

Section L specifies the format, order, and medium for proposal submission including:
Other information might include:
REVIEW ACTIONS
It is critical that everyone on the team review at a minimum the Sections that are most critical to their respective areas. Also, proposal team members should be given a format to capture their questions and comments about RFP content, instructions, criteria, layout, etc. The team must identify any inconsistencies, errors, or omissions early so that the government has a chance to provide answers, clarifications or corrections via Amendments.
Where possible, compare instructions including submission address and due date to Section A, SF33, and identify discrepancies, if any. Click here for a detailed list of items to look for in Section L with the purpose of helping you spot proposal instructions inadvertently omitted by the contracting officer. Often, the government omits specific instructions related to minimum font sizes and alternate font faces for graphics as well as provisions for including 11x17 pages in the proposal. If the RFP is unclear, it’s best to resolve this early in the process can affect readability, page count, layout, graphics creation, and more. For example, blocks of narrative are easier to read if they appear in a Serif fonts like Times New Roman. Graphics, on the other hand, are typically easier to read when formatted with Sans Serif fonts like Arial and Arial Narrow.
Once you understand all conditions listed in Section L, check for inconsistencies with Sections C and M. Attempt to line up the instructions between L and M, and further with Section C. Each evaluation factor outlined in Section M should have a corresponding instruction in Section L. In other words, Section L provides the topic outline for the proposal while Section M provides the guidelines on content. If Sections L and M are not aligned, there will be much confusion trying to develop and compliant and responsive proposal. In other words, this will make it difficult for evaluators to conduct a side-by-side comparison of proposals at the topic level. As a result, this type of RFP problem can often result in a protest by one or more bidders.
It is also important that Section L be compatible with Sections C and M. Delays, protests, and overturned awards can result when the evaluation criteria (Section M) is not consistent with the requirement (Section C) or when Section L is not asking for the right information to make a contract award decision given the requirement and the evaluation criteria. If your review of a solicitation indicates inconsistencies among these sections, it is important that you bring it to the attention of the contracting officer immediately so that the government may appropriately amend the solicitation.
SUBMISSION ACTION
It’s a good practice to prepare two complete sets of the delivery – primary and backup. Once the primary is delivered, you can use the backup set for in-house copies. I usually make an additional two copies that automatic go to the contracts office for the contract files. A primary and back-up delivery plan means two drivers in two separate vehicles, or similar scenario if sending your proposal via courier or overnight delivery. Think it through carefully and about all of the things that can go wrong. It’s careless to risk the thousands of dollars and labor hours that go into developing a proposal by not having a back-up plan.
Have the published group prepare a delivery receipt to be signed by the government receiving clerk
As you sign in for delivery, discretely review the names of other bidders dropping off packages
Be on time for the delivery. I’ve never heard of an instance where the government accepted a late proposal submission. Remember, by pushing the deadline, you are risking thousands of dollars in B&P and the personal sacrifices of many people who helped develop the proposal.
SUCCESS TIP
Follow Section L when organizing the top-level structure of your proposal because the government evaluation sheet is likely to be structured to the outline included in Section L. Once you’ve created your proposal outline based on Section L, add lower level outline detail to accommodate additional topics or requirements included in Section M, Section C (PWS/SOO/SOW), Specs, CDRL and Section J documents. In general, do not add additional topics or subtopics beyond what is required by the RFP.
Whether it’s required or not, include a cross-reference matrix that maps your response to RFP requirements found in in Sections L, M, and C, and any other RFP important instructions. I typically make a master cross-reference matrix and include it inside the front cover of the binder, but not bound within the three binder rings so as not to confuse it with pages that count against the page limit.
Because volumes are typically evaluated by separate teams, you should avoid cross referencing to other volumes as the evaluators may not have access to all of the volumes. Make it easy for the evaluator and include the response where it is asked for.
WARNING
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter. Be careful, ignoring Section L instructions will lead to a non-compliant proposal that will not be evaluated for content, regardless of your excellent technical solution.
Ensure that you’ve complied with any page count limits because government evaluators will not review pages beyond the limit. Further, as the acquisition staff receive and prepare proposals for the evaluators, they will remove additional pages of content that exceed the page limit. It’s OK that your final submission is 5% or 10% under the page limit, yet you’ve fully “answered the mail”. Evaluators appreciate that you are showing respect for their time.
- Page size, margins, font faces and sizes for text and graphics, page numbering
- Volume titles, section titles, subtopics, and content requirements
- Printed copy specs including packaging, marking, hard copy counts and labeling
- Electronic submission specs including software, electronic uploads and storage media requirements
- Date, time, and place of submission
Other information might include:
- Questions and answer (Q&A) process and deadlines for contractors to obtain clarifications related to RFP language and requirements
- Schedule for industry day or bidder site visits, if applicable
- Names of contractor’s providing oversight and/or acquisition support
REVIEW ACTIONS
It is critical that everyone on the team review at a minimum the Sections that are most critical to their respective areas. Also, proposal team members should be given a format to capture their questions and comments about RFP content, instructions, criteria, layout, etc. The team must identify any inconsistencies, errors, or omissions early so that the government has a chance to provide answers, clarifications or corrections via Amendments.
Where possible, compare instructions including submission address and due date to Section A, SF33, and identify discrepancies, if any. Click here for a detailed list of items to look for in Section L with the purpose of helping you spot proposal instructions inadvertently omitted by the contracting officer. Often, the government omits specific instructions related to minimum font sizes and alternate font faces for graphics as well as provisions for including 11x17 pages in the proposal. If the RFP is unclear, it’s best to resolve this early in the process can affect readability, page count, layout, graphics creation, and more. For example, blocks of narrative are easier to read if they appear in a Serif fonts like Times New Roman. Graphics, on the other hand, are typically easier to read when formatted with Sans Serif fonts like Arial and Arial Narrow.
Once you understand all conditions listed in Section L, check for inconsistencies with Sections C and M. Attempt to line up the instructions between L and M, and further with Section C. Each evaluation factor outlined in Section M should have a corresponding instruction in Section L. In other words, Section L provides the topic outline for the proposal while Section M provides the guidelines on content. If Sections L and M are not aligned, there will be much confusion trying to develop and compliant and responsive proposal. In other words, this will make it difficult for evaluators to conduct a side-by-side comparison of proposals at the topic level. As a result, this type of RFP problem can often result in a protest by one or more bidders.
It is also important that Section L be compatible with Sections C and M. Delays, protests, and overturned awards can result when the evaluation criteria (Section M) is not consistent with the requirement (Section C) or when Section L is not asking for the right information to make a contract award decision given the requirement and the evaluation criteria. If your review of a solicitation indicates inconsistencies among these sections, it is important that you bring it to the attention of the contracting officer immediately so that the government may appropriately amend the solicitation.
SUBMISSION ACTION
It’s a good practice to prepare two complete sets of the delivery – primary and backup. Once the primary is delivered, you can use the backup set for in-house copies. I usually make an additional two copies that automatic go to the contracts office for the contract files. A primary and back-up delivery plan means two drivers in two separate vehicles, or similar scenario if sending your proposal via courier or overnight delivery. Think it through carefully and about all of the things that can go wrong. It’s careless to risk the thousands of dollars and labor hours that go into developing a proposal by not having a back-up plan.
Have the published group prepare a delivery receipt to be signed by the government receiving clerk
As you sign in for delivery, discretely review the names of other bidders dropping off packages
Be on time for the delivery. I’ve never heard of an instance where the government accepted a late proposal submission. Remember, by pushing the deadline, you are risking thousands of dollars in B&P and the personal sacrifices of many people who helped develop the proposal.
SUCCESS TIP
Follow Section L when organizing the top-level structure of your proposal because the government evaluation sheet is likely to be structured to the outline included in Section L. Once you’ve created your proposal outline based on Section L, add lower level outline detail to accommodate additional topics or requirements included in Section M, Section C (PWS/SOO/SOW), Specs, CDRL and Section J documents. In general, do not add additional topics or subtopics beyond what is required by the RFP.
Whether it’s required or not, include a cross-reference matrix that maps your response to RFP requirements found in in Sections L, M, and C, and any other RFP important instructions. I typically make a master cross-reference matrix and include it inside the front cover of the binder, but not bound within the three binder rings so as not to confuse it with pages that count against the page limit.
Because volumes are typically evaluated by separate teams, you should avoid cross referencing to other volumes as the evaluators may not have access to all of the volumes. Make it easy for the evaluator and include the response where it is asked for.
WARNING
Watch for hidden proposal instructions and fill-in the blank items. Fool proof method: read entire section end-to-end and mark instructions and blanks with a highlighter. Be careful, ignoring Section L instructions will lead to a non-compliant proposal that will not be evaluated for content, regardless of your excellent technical solution.
Ensure that you’ve complied with any page count limits because government evaluators will not review pages beyond the limit. Further, as the acquisition staff receive and prepare proposals for the evaluators, they will remove additional pages of content that exceed the page limit. It’s OK that your final submission is 5% or 10% under the page limit, yet you’ve fully “answered the mail”. Evaluators appreciate that you are showing respect for their time.
Section M. Evaluation Factors for Award

The purpose of a solicitation document is to communicate the government’s need to prospective offerors in such a way that facilitates efficient and fair competition.
Evaluation criteria are the factors an agency uses to determine the proposal that offers the best value to the government.
Effective evaluation requires clearly identified factors relevant to the selection of a vendor, and then prioritizing or weighting the factors in order of importance in meeting the agency’s needs. Evaluation factors should be limited to areas that reveal substantive differences or risk levels. Essential elements of Section M include:
Cost is always a factor in source selection.
Evaluation factors are established at the discretion of the SSA, but always include cost and quality (see FAR 15.304-c). Quality is usually evaluated with technical, management or past performance criteria. Subject to certain limitations and thresholds, past performance and participation of small disadvantaged business concerns is also evaluated. Section M factors might include:
In sealed bidding, the evaluation criteria are limited to price and price-related factors.
REVIEW ACTIONS
When reading Section M, look for evaluation process, scoring method, score weighting, past performance approach, and “best value” terminology. You should also reconcile your win strategy with the evaluation criteria to ensure your proposal has the right focus.
Section M should always be read in conjunction with Section L and SOW/PWS. Look for passages that parrot back parts of Section L or SOW/PSW. Direct copy of RFP information into Section M makes it difficult to know what is valuable to the evaluator and to understand how you will be evaluated.
If the RFP is well prepared, Sections C, L, and M will be clearly coordinated and the required physical organization of the proposal will also be clear. If you have the opportunity to comment at DRFP, bring the following to the government’s attention:
SUBMISSION ACTION
Evaluation factors will tell you if the buyer is more interested in price, technical capability, or something else. Write the proposal with a focus on the factors the buyer considers valuable.
To help ensure that your proposal addresses all the elements of Sections L, M, and C, consider preparing a cross-reference matrix that identifies where each item is addressed in your proposal.
SUCCESS TIP
Section M lists the factors the government uses to compare each bid and the relative importance or weighting of evaluation criteria. Understanding the weighting attached to each criterion will help you decide on page allocation for major topics.
The Government has gotten better about releasing RFPs where Sections L and M line up. However, you must still map Section M to your Section L driven proposal outline. This step may require the addition of sub topics to account for all requirements in Section M. Further, compare the scope of work (Section C and possibly Section J deliverables) with the evaluation factors to make sure you don’t miss anything. Add any missing subtopics to your Section L driven proposal outline.
WARNING
Review the factors carefully and identify any areas where your company would be deficient. If possible, correct the problem prior to proposal submission, others it may be in your best interest to no bid the solicitation.
The government specifically lays out organization instructions in Section L. Don’t fall into the trap of trying to organizing your proposal around Section M evaluation factors. You will annoy the clerk who has to do the first gate compliance review. You will also annoy the evaluator whose evaluation checklist maybe structure directly from Section L. Once you’ve prepare your Section L driven proposal outline, you will need to insert additional subtopics that are included in Section M. Be sure that the proposal management team agrees on the outline at kick-off or very shortly after.
Evaluation criteria are the factors an agency uses to determine the proposal that offers the best value to the government.
Effective evaluation requires clearly identified factors relevant to the selection of a vendor, and then prioritizing or weighting the factors in order of importance in meeting the agency’s needs. Evaluation factors should be limited to areas that reveal substantive differences or risk levels. Essential elements of Section M include:
- Identification of the evaluation method that results in the best value to the government: 1) Tradeoff – allows for consideration of trade-offs between cost or price and both non-cost factors, or 2) Lowest price, technically acceptable (LPTA) – awarded to the contractor whose price is lowest among all proposals that were deemed to be technically acceptable
- Ranking or weighting of relative importance of each evaluation factor
- Evaluation criteria consisting of factors and subfactors with corresponding definitions by color/adjectival rating
- Cost reasonableness
Cost is always a factor in source selection.
Evaluation factors are established at the discretion of the SSA, but always include cost and quality (see FAR 15.304-c). Quality is usually evaluated with technical, management or past performance criteria. Subject to certain limitations and thresholds, past performance and participation of small disadvantaged business concerns is also evaluated. Section M factors might include:
- Technical Capability/Approach
- Management Approach
- Key personnel/Staffing/Resumes
- Transition Plan
- Past performance and/or Corporate Experience
- Quality
- Security
- Cost/Price
In sealed bidding, the evaluation criteria are limited to price and price-related factors.
REVIEW ACTIONS
When reading Section M, look for evaluation process, scoring method, score weighting, past performance approach, and “best value” terminology. You should also reconcile your win strategy with the evaluation criteria to ensure your proposal has the right focus.
Section M should always be read in conjunction with Section L and SOW/PWS. Look for passages that parrot back parts of Section L or SOW/PSW. Direct copy of RFP information into Section M makes it difficult to know what is valuable to the evaluator and to understand how you will be evaluated.
If the RFP is well prepared, Sections C, L, and M will be clearly coordinated and the required physical organization of the proposal will also be clear. If you have the opportunity to comment at DRFP, bring the following to the government’s attention:
- Misalignments of Section L, M, and C
- Overly detailed evaluation criteria or descriptions that are confusing and not written in plain English
- Critical program objectives not reflected in the evaluation criteria
SUBMISSION ACTION
Evaluation factors will tell you if the buyer is more interested in price, technical capability, or something else. Write the proposal with a focus on the factors the buyer considers valuable.
To help ensure that your proposal addresses all the elements of Sections L, M, and C, consider preparing a cross-reference matrix that identifies where each item is addressed in your proposal.
SUCCESS TIP
Section M lists the factors the government uses to compare each bid and the relative importance or weighting of evaluation criteria. Understanding the weighting attached to each criterion will help you decide on page allocation for major topics.
The Government has gotten better about releasing RFPs where Sections L and M line up. However, you must still map Section M to your Section L driven proposal outline. This step may require the addition of sub topics to account for all requirements in Section M. Further, compare the scope of work (Section C and possibly Section J deliverables) with the evaluation factors to make sure you don’t miss anything. Add any missing subtopics to your Section L driven proposal outline.
WARNING
Review the factors carefully and identify any areas where your company would be deficient. If possible, correct the problem prior to proposal submission, others it may be in your best interest to no bid the solicitation.
The government specifically lays out organization instructions in Section L. Don’t fall into the trap of trying to organizing your proposal around Section M evaluation factors. You will annoy the clerk who has to do the first gate compliance review. You will also annoy the evaluator whose evaluation checklist maybe structure directly from Section L. Once you’ve prepare your Section L driven proposal outline, you will need to insert additional subtopics that are included in Section M. Be sure that the proposal management team agrees on the outline at kick-off or very shortly after.