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I am a new member to WIFCON I joined to find the answer to the following.

Is there a law or precedent pertaining to minimum weight price is given in the evaluation of a government contractors proposal. I have recently bid on a contract where the incumbent is known to be heavily favored after managing the contract for 15 years and 3 terms.

The RFP stated that technical and past performance when combined are significantly more important that cost or price.

Looking as objectively as possible I believe our technical will be very close however if price only counts as a weight of let's say 10% the evaluators can find something minor and again chose the incumbent.

If the weight given to price is 25% I believe we have a good shot at winning.

By the way this is a simple parking management contract. Labor intensive but not skilled.

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Case law holds that price must be a meaningful factor. The government must determine that to award to other than the lowest reasonably priced, technically acceptable offeror, the additional benefit provided by a higher technically rated proposal must justify the increased cost to the government (we taxpayers).

I don't think I can be more specific because agencies vary in their rating systems. Ones that point score technical and/or price proposals sometimes come up with all sorts of mechanical machinations to justify their selections.

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  • 3 weeks later...
I am a new member to WIFCON I joined to find the answer to the following.

Is there a law or precedent pertaining to minimum weight price is given in the evaluation of a government contractors proposal. I have recently bid on a contract where the incumbent is known to be heavily favored after managing the contract for 15 years and 3 terms.

The RFP stated that technical and past performance when combined are significantly more important that cost or price.

Looking as objectively as possible I believe our technical will be very close however if price only counts as a weight of let's say 10% the evaluators can find something minor and again chose the incumbent.

If the weight given to price is 25% I believe we have a good shot at winning.

By the way this is a simple parking management contract. Labor intensive but not skilled.

Typically the closer the technical & past performance scores are, the more important the price becomes. But, is this a tradeoff or lowest price technically acceptable source selection?

If it's a cost reimbursement contract type, the govt will conduct a cost realism analysis (FAR 15.404-1(d). So they'll look at the cost elements to see if they're realistic for the work performed. Then they'll come up with a probable cost that reflects their best estimate of what it'll cost and use that in the evaluation to determine best value.

Incumbents don't always win competitions. Sometimes they become complacent and make mistakes in the proposal, so you still have a chance.

Good luck!

MGR

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