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JEDDY

LPTA and Incomplete Pricing Tables

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I have a LPTA IDIQ that will be FFP when awarded.  We want to be able to eliminate Offerors who do not fully complete a pricing table submitted under the Cost Section of the proposal.  I'm not sure this is allowable.  Normally, deficiencies that make a proposal unawardable are found in the technical portion of the proposal.  Additionally, under 15.404-1, it seems like the contracting officer has authority to evaluation pricing information, and would be able to negotiate any missing price information prior to awarding the contract.  However, the rub seems to be that since this is LPTA and FFP, if there is missing information from the pricing tables, your lowest LPTA Offeror may not, in fact, be your lowest LPTA Offeror once additional pricing is given. 

I'm looking for thoughts on #1) whether an Offeror's proposal can be determined to be unacceptable because of cost/pricing data under an LTPA solicitation and #2) if this is not allowed, how would you deal with the issue raised of having a LPTA Offeror, who may not actually have lowest price due to missing price information. 

Any thoughts are appreciated. 

 

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Jeddy,

FAR 15.101-2(b)(1) states, in part:

Quote

When using the lowest price technically acceptable process, the following apply:

(1) The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation.

 

I would make completion of the pricing table an evaluation factor and state award will not be considered if the pricing table is not completely filled out, unless you are willing to entertain discussions.  Curiously, I presume you are making a single award.  If so, I would also include in Section M that only the lowest priced proposal will be evaluated and if determined acceptable will be awarded the contract and no further proposals will be evaluated.  If you plan on awarding multiple contracts based on some range of lowest priced proposals, I would state the same.

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20 hours ago, JEDDY said:

I'm looking for thoughts on #1) whether an Offeror's proposal can be determined to be unacceptable because of cost/pricing data under an LTPA solicitation and #2) if this is not allowed, how would you deal with the issue raised of having a LPTA Offeror, who may not actually have lowest price due to missing price information. 

There are two general reasons for declaring a proposal to be unacceptable. A proposal can be "technically" unacceptable due to deficiencies in content (what is proposed) and a proposal can be unacceptable due to a defect in form (e.g., resulting from failure to comply with RFP instructions).

In LPTA, "technical acceptability" is a matter of content. What you have is a defect in form due to failure to comply with instructions. The defect prevents you from evaluating proposals, and the defect can be corrected only by conducting discussions. You can eliminate them for that reason without declaring them "technically unacceptable." For a recent example of a proposal being rejected for a defect in form, see http://www.gao.gov/products/B-414060?utm_medium=email&utm_source=govdelivery#mt=e-report.

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