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Found 2 results

  1. We our a contractor to USAID and our project is doing some construction work. When evaluating, the COP (Chief of Party) wants to assign points to cost and what he is proposing is the following: Issue the RFP/RFQ using Tradeoff method and the evaluation criteria is and at that stage, no points are assigned to cost, the technical is evaluated based on past performance, personnel, etc. Then when the TEC determines the firms that are the most technically qualified, those firms move to the next stage and their cost is evaluated. Because this is construction, it is each line item, each material cost that is the most important part of determining cost reasonableness, not the total amount. So the evaluation committee, in order to determine price reasonableness, assigns points in order to determine cost reasonableness of each line item. Any thoughts if this can be done?
  2. I have a technical evaluation question about the difference between subfactors and elements. FAR 15.304(d) states that all "factors and significant subfactors that will affect contract award" shall be stated clearly in the solicitation. In Marine Animal Prods. Int'l, INc., B-247150.2, Ju. 13, 1992, 92-2 CPD P 16, GAO held that a solicitation need not identify each "element" to be considered by the agency during hte course of hte evaluation where such element is intrinsic to hte stated factors or subfactors. So "elements" of technical evaluation factors do NOT have to be stated in the solicitation but the Technical Evaluation Panel is allowed to use these "elements" in conducting its evaluation of the proposals. The difference between subfactors and elements is, for subfactors, the government is required to do adjectival ratings for each subfactors when evaluating proposals. For elements, the government may consider them, but does not have to provide any adjectival ratings to these elements. Subfactors are required to be clearly stated in the solicitation. Elements can be stated in a solicitation, but are not required to be in the solicitation at all. Now here is my question: what happens if a proposal is missing or does not address a particular "element"? Let's assume for this scenario that the solicitation involved actually did clearly state the "elements" of the Technical Evaluation Factor, so the offerors were on notice of what the "elements" were and what they should address in their proposals. Can the technical evaluation team mark this as a "deficiency"? If it was a factor or subfactor, of course the answer is it would be rated as deficient. But what if it is an element?
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