JDSupra: CIO-SP4 Draft RFP Implications For JV/Partnerships

“The National Institute for Health Information Technology Acquisition and Assessment Center (NITAAC) released its draft request for proposals (the “Draft RFP”) for the new $40 billion Chief Information Officer-Solutions and Partners 4 (CIO-SP4) Government-Wide Acquisition Contract (GWAC) (succeeding the popular CIO-SP3) earlier this year. The final solicitation is anticipated to be released soon, with proposals due early next year.”

“In the draft CIO-SP4 RFP, offerors will be required to self-score based on, among other items, corporate experience projects and management factor certifications. The Draft RFP does not allow for consideration of the qualifications of subcontractors of corporate affiliates. However, the Draft RFP indicates that the U.S. Government will consider all members of a contractor teaming arrangement under FAR 9.601(1) if the offeror submits all required documentation for the contractor teaming arrangement and each member has an adequate accounting system.”

“The Draft RFP’s language about contractor teaming arrangements has caused confusion as contractors are generally more familiar with FAR 9.601(2) teaming arrangements – where a potential prime contractor agrees with one or more other companies to have them act as its subcontractors – than those under FAR 9.601(1) – where two or more companies form a partnership or joint venture (a “JV/Partnership”) to act as a single potential prime contractor. Note that co-prime contractor teaming arrangements, which generally are possible under General Services Administration Federal Supply Schedule contracts, do not fall under FAR 9.601 at all and thus are not included as a possible bidding option for CIO-SP4 under the Draft RFP.”

“Given the potential advantages of a JV/Partnership team submitting a proposal as a potential prime contractor for CIO-SP4, potential offerors may want to consider this type of structure to enhance their offer…” Read the full article here.

Source: CIO-SP4 Draft RFP Implications For JV/Partnerships – By Tyler Sewell, Damien Specht and James Tucker, December 1, 2020. Morrison & Foerster LLP.

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