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About napolik

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    Alexandria, Virginia

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  1. Even if the LPTA solicitation included a statement that the earliest submitted proposal would receive the award in the event that more than one proposal/ quote contained the same evaluated price, I suspect that a protest against this criterion would be successful. In my view, to base a source selection upon the timeliness of proposal/ quote submission would be deemed to be unreasonable since the timing of proposal/ quote submission has nothing to do with the integrity of the selection decision or with legislation addressing the resolution of ties (i.e. socioeconomic factors or drawing by lots).
  2. So, if the time for submission of offers or quotes is 4:30PM, if 3 offers or quotes are submitted at 2:00 PM, 2:01 PM and 2:02 PM, and if there are 3 equal evaluated prices, then the 2:00 PM submission wins?
  3. My aging eyes cannot seem to locate it. Could you post it again?
  4. If you do this under LPTA and if you determine a small business has unacceptable past performance, you must go to the SBA for a CoC. See FitNet Purchasing Alliance; B-410263; Nov 26, 2014.
  5. Take a look here: http://www.wifcon.com/discussion/index.php?/topic/2121-out-of-scope-unilateral-modification/
  6. I haven't seen them, so I cannot confirm or deny the non-evaluation of price in a tradeoff procurement. All I know is the GAO decision (i.e. Kathpal Technologies, Inc.; Computer & Hi-Tech Management, Inc.; B-283137.3; B-283137.4; B-283137.5; B-283137.6; Dec 30, 1999) and the 2017 Public Contracting Institute article.
  7. Yes, in a generic sense. The process of selecting a source encompasses IFBs, RFPs, and RFQs and leads to the awards of contracts, purchase orders, BPAs, and delivery or task orders.
  8. Based upon GAO decisions, if your source selection process is trade off, it appears you cannot down-select without considering price in each step.
  9. Years ago, I did a number of 2 step procurements. The FAR 14 2 step process is an equivalent of the LPTA process. It does not involve a trade off.
  10. Does this observation on the decision affect your conclusion? http://publiccontractinginstitute.com/gao-approves-new-best-value-method-highest-technically-rated-with-fair-and-reasonable-price-court-of-federal-claims-agrees/
  11. You may be correct, but I must see the GAO decision to be persuaded. Please provide the cite.
  12. Twenty years ago, the GAO issued a decision against Commerce for its failure to consider price while making an “initial screening” via oral presentations without considering price. After Commerce conducted the oral presentations, it reduced the competitive field to the offerors that were deemed highly competitive (i.e., attended oral presentations). The GAO stated that Kathpal Technologies, Inc.; Computer & Hi-Tech Management, Inc.; B-283137.3; B-283137.4; B-283137.5; B-283137.6; Dec 30, 1999. While the BPAs are awarded under the FAR 8.4, not FAR 15.3, procedures, both 8.405-3 and 15.304 require consideration of price in every best value determination or source selection. I believe GAO would apply the principle set out in Kathpal decision to the BPA source selection. Observer. A draft RFQ has been issued by GSA.
  13. An agency is looking to award multiple BPAs under a federal supply schedule using a multi-step selection process. Here are the evaluation factors: Here is the evaluation process: I note that Factor 5 - Price - is considered only in Step 3. I also note the FAR coverage of BPAs: I believe the the agency must evaluate Price in Steps 1 and 2 as well as in 3. Thoughts?
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