AspiringGovKr

Thanks! That was my reading as well, especially given the "in conjunction" language you quoted. Unfortunately the govt wants data based on FAR Part 12or FAR Part 15 contracts. Therefore I thought I would determine which contracts are FAR Part 12 only and which are Far Part 15 (incl in conjunction w/ FAR Part 12).

I am looking at a database of contracts trying to determine which ones were awarded under FAR Part 12 (commercial items) and which were awarded by negotiation under FAR Part 15 (like Networx and EIS Task Orders). All of the awards are for the same type of commercial items, and not COTS (consistent w/ the FAR 2.101 definitions). Would it be accurate to assume that 1449 awards are FAR Part 12 awards and the SF33s are FAR Part 15, or would this effort require a review of each procurement to determine the basis for award?

Thanks! The FAR is clear that an unsuccessful offeror at a minimum should receive the evaluated total price and technical rating of the awardee but I cannot find any guidance (or reason) for the govt to share the evaluated total price and technical ratings of all the unsuccessful offerors to the awardee. (My situation is DoD in case there is a DFAR impacting this scenario.)

You are so helpful! I appreciate your time.

Thank you! It seems to me that the issue is whether the unsuccessful offeror’s TCV is still confidential/proprietary when it is aggregated in one $. If so then the CO should not have provided it to the awardee. I can find many cases dealing with out Year unit prices of the awardee as being confidential/proprietary (exception under FOIA) but nothing regarding unsuccessful offeror’s pricing.

As a matter of practice, my company requests formal debriefings whether we are the successful or unsuccessful awardee. The most recent written Debriefing included a side by side comparison of our successful offer against the unsuccessful offeror’s proposal. The chart had both company’s adjectival evaluations as well as the total contract value (TCV). My question is whether the unsuccessful offeror’s TCV should have been deemed confidential (and an exception to FOIA disclosure). The technical solution was complicated enough that I could not back into unit prices but it does provide substantial feedback as to their pricing choices and structure. Please provide your learned insight (and references to areas you might suggest I further research if you are so inclined.) I have not distributed the written Debrief as I wanted to research first. thanks!

As a matter of practice, my company requests formal debriefings whether we are the successful or unsuccessful awardee. The most recent written Debriefing included a side by side comparison of our successful offer against the unsuccessful offeror’s proposal. The chart had both company’s adjectival evaluations as well as the total contract value (TCV). My question is whether the unsuccessful offeror’s TCV should have been deemed confidential (and an exception to FOIA disclosure). The technical solution was complicated enough that I could not back into unit prices but it does provide substantial feedback as to their pricing choices and structure. Please provide your learned insight (and references to areas you might suggest I further research if you are so inclined.) I have not distributed the written Debrief as I wanted to research first. thanks!