Another handy tool for a Contracting Officer is the use of “all, some, or none” when making contract awards or placing orders. Instead of being locked into a single contract award, delivery order, or similar action, the CO can gain flexibility in decision-making by opting to reserve the right to make partial awards, or no awards at all, for a given solicitation. Of course, this language must be present in the RFP or it could be grounds for protest, but if the CO structures it correctly, this technique can pay great dividends. Here is how it works.
In multiple award contract solicitations, the CO may insert advisory language that states the Government’s right to award to all, some or none of the offerors, if the offers received do not pass the technical evaluation or if the proposed price(s) cannot be determined as fair and reasonable. Basically, the CO always has the option to not make contract award, if none of the offers meet the technical requirements of the solicitation, or if the proposed prices cannot be determined to be fair and reasonable. By adding the “all or some” language to the RFP, the CO puts all prospective offerors on notice that they may receive only a portion of the solicited work. Of course, this additional factor may affect the offeror’s pricing, as they must be prepared to do less than 100% of the work being procured. But overall, the added flexibility provided to the Government more than makes up for small pricing increases that result from the uncertainty of the final award amount.
In other cases, most often for commodity purchases, the CO may reserve the right to make partial award to several different vendors, instead of one entire award to a single vendor. This technique serves several purposes. It allows the Government to achieve the best pricing for each specific requirement, it provides business opportunities to a greater number of vendors, and it provides the CO flexibility in handling difficult or exceptional pricing situations. Again, the prospect of less than 100% of the total award may affect line item prices, but generally, offerors are encouraged to submit their best possible prices for each line item, lest they risk losing most, if not all, of the proposed business.
In conclusion, the Government Contracting Officers are charged to achieve a “win-win” outcome for a given contract, wherein the contractor earns a reasonable profit and stays in the marketplace, and the Government attains fair and reasonable pricing. Using “all, some, or none” language in the solicitation provides the Contracting Officer additional flexibility in attaining “win-win” for itself and a greater number of vendors.