Topic of clarification: Does past performance as an evaluation factor have to be used at all, if using the procedures outlined in FAR Subpart 8.4 (either 8.405-1 or 8.405-2), regardless of dollar value? (Note: I am not asking whether or not it may be prudent to use dependent upon your requirement, merely its mandatory use as an evaluation factor under FAR Subpart 8.4.)
My Answer: No!
My Rationale: In researching the FAR, I am only aware of past performance as an evaluation factor being mandatory under negotiated competitive acquisitions expected to exceed the simplified acquisition threshold. (See FAR Subpart 15.304( c )(3)(i))
Furthermore, FAR Subpart 8.404(a) states in part, ?Parts 13 (except 13.303-2( c )(3)), 14, 15, and 19 (except for the requirement at 19.202-1(e)(1)(iii)) do not apply to BPAs or orders placed against Federal Supply Schedules contracts (but see 8.405-5)?.? FAR Subpart 8.405-1( c ) and (d) as well as 8.405-2(d) indicate that orders should be placed with the schedule contractor that can provide the supply or service that represents the best value. In addition, FAR Subpart 8.405-1( c )(3) indicates that past performance MAY be considered when determining best value, it does not indicate that it MUST. FAR Subpart 8.405-2 uses past performance as an example of an evaluation factor, but does not indicate that it MUST be used as an evaluation factor. Lastly, FAR 8.404(d) elaborates on the position of best value by stating: "By placing an order against a schedule using the procedures in 8.405, the ordering activity has concluded that the order represents the best value (as defined in FAR 2.101) and results in the lowest overall cost alternative (considering price, special features, administrative costs, etc.) to meet the Government's needs."
So, Is past performance as an evaluation factor mandatory, or non-mandatory when using the procedures found in FAR Subpart 8.4?
-Signed by GOVCO