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Todd

Toddinde

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This is a FAR Part 16 task order. The 2017 NDAA prohibits LPTA for certain types of solicitations. Since best value trade off is mandatory, could you have a pass/fail technical factor and do the best value trade off between past performance and price? Is this even a good idea?

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Guest Vern Edwards

The answer to your first question is: Yes. The answer to your second is: It depends on what you're buying.

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Todd- Vern’s response fits in a general sense as related to establishing evaluation strategy in a trade-off process.

To your question about “Is this even a good idea” and noting that you have mentioned “task order” I would add that it being a good idea not only applies with regard to what you are procuring but also if the Indefinite Delivery Indefinite Quantity (IDIQ) allows trade-off selection process for placement of orders.

Competition under IDIQ contracts is guided by what the parent IDIQ contract says not what the FAR says.  Usually under the parent contract the competition/placement process, typically called “Fair Opportunity,” is established in an IDIQ contract and that must be used to be in compliance with the parent IDIQ.   So if the parent says that a placement process akin to LPTA is to be used then that is the process to follow.   If the parent contract is not specific or otherwise allows a trade-off like process then again Vern’s response fits.

If you have not read the order placement terms and conditions of the parent IDIQ you might want to consider doing so before you craft your effort for selecting a contractor for the contemplated task order.  

Additionally, FAR 16.505(b) provides the basis for “Fair Opportunity” and 16.505(b)(1)(ii) addresses how the process can be crafted specifically for a particular (parent)IDIQ and is a good read as to how “fair opportunity” can be established.   But again this is just reference for understanding “fair opportunity” the parent contract rules on the process for order placement.

Want to know read up more on fair opportunity?   Consider using the search feature of the WIFCON Forum and you will find a significant amount of discussions relating to the topic of fair opportunity.

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