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I am looking for lessons learned ... What process of other organizations used to incorporate some or all of an apparent successful offeror's evaluated strengths and/or innovative approaches into the contract? And, what were some pitfalls that others have experienced?

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May be too late if you've got the proposal already, but use a Statement of Objectives instead of a Statement of Work and then the offeror's proposed PWS (which hopefully documents the innovative processes) becomes part of the contract. If you've already gotten the proposal, then the CO could incorporate all or parts or the proposal into the contract by reference. I say "or parts" because there may be something you all don't want to incorporate. But I'm not a CO, so will let those that are comment on the possibility of only incorpoating sections of an offerors proposal into a contract by reference. It may be an all or nothing thing.

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If you are in discussions after establishing the competitive range you may want to try and get the offeror to improve the strength using baraining - see FAR 15.306-(d). I used this process on a large competitive acquisition shortly after FAR Part 15 was revised to add this process and it worked well without protest.

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A "Proposal Strength", in my experience and as you stated above, is a evaluation term. One cannot necessarily incorporate all "strengths" into the contract because many are intengible. For instance, "strong experience" or "extensive, relevant experience" that was evaluated as a "strength" cannot be incorporated into a proposal. Similarly, a "high confidence" past performance rating may be considered a "strength" but one cant incorporate it into the contract. A narrative that exhibits a strong, clear understanding of a contract requirement under a factor that is rated as a "strength" isnt something that one would stictly incorporate per se nor can one strictly enforce it. It may be an intangible benefit and might serve as ammunition in a dispute over contract interpretation. And occasionally, we don't want and/or can't afford and/or just dont want to pay for some offered features that exceed the minimum requirements.

We use the term "betterments" to describe TANGIBLE features in a proposal that meet or exceed the contract requirements which the government accepts in the final proposal. A betterment is something offered in the proposal that could be a stated government desirable/preferred feature or a contractor initiated feature. Sometimes government preferences are actually listed as option CLINs.

We have used this terminology in design-build acquisitions since the late 1980's in my organization (in source selections and in task order competitions since the 1990's) where we evaluate proposed preliminary designs and quality of offered materials and building systems and in some competitively negotiated construction acquisitions where quality of materials or systems were factors in the selection.

We incorporate the technical proposals into the contract and use a contract term/condition/special contract requirement to establish an order of precedence after award. Betterments become the new contract minimum requirement, followed by the solicitation requirements, then the rest of the accepted proposal, in the event of a conflict discovered after award. And yes, we are supposed to evaluate proposals and have the duty to reasonably ensure that the proposal complies with the miniumum solicitation requirements in order to make an award.

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May be too late if you've got the proposal already, but use a Statement of Objectives instead of a Statement of Work and then the offeror's proposed PWS (which hopefully documents the innovative processes) becomes part of the contract. If you've already gotten the proposal, then the CO could incorporate all or parts or the proposal into the contract by reference. I say "or parts" because there may be something you all don't want to incorporate. But I'm not a CO, so will let those that are comment on the possibility of only incorpoating sections of an offerors proposal into a contract by reference. It may be an all or nothing thing.

Nope, not too late. Q didn't relate to anything specific. I too am leary of incorporating a proposal -- you incorporate fluf, inconsistencies w/ PWS, etc.

I would be interested in feedback re: how incorporating part of a proposal was executed: revise the PWS, add section H clauses, etc.? And, what unintended consequences folks have encountered. But, tks.

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Joe ... tks. Yeah ... I should have been more precise. I'm aware that we cannot incorp strengths such as "well detailed". I am trying to figure out pros/cons of incorporating things such as: apparent successful offeror proposing to cap indirect rates for the life of the contract -- when not required via the RFP.

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KME, if that's part of the proposal and if it makes sense, why wouldn't you want to accept it? Could you do it as an advance agreement?

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