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FAR PART 13 SOURCE SELECTION


PATRICK3

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I'm awarding a BPA under FAR PART 13 and I have a question. One of the requirements is for the work to be performed within a specific type of laboratory. The 'laboratory" is listed under facilities, which is listed as a sub-factor under Technical Capabilities. I wanted to know if there's any issue with placing in the solicitation the following statement... "In order to move to the evaluation phase of proposals, vendors must have a Certified Laboratory Class A distinction. If vendor is proven to meet those standards, then vendor will move to evaluation of the 3 Factors listed below" Technical, Past Performance and Price

 

1. Should I have Facilities listed under it's own specific Factor or is it ok to place under Technical Sub-Factor?

2. Would this move me into a Far Part 15 type of evaluation? I know GAO has cases where award has started off as a Far 13, but ended up being a Far 15 because that CO took too many parts from that section.

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1 hour ago, PATRICK3 said:

"In order to move to the evaluation phase of proposals, vendors must have a Certified Laboratory Class A distinction. If vendor is proven to meet those standards, then vendor will move to evaluation of the 3 Factors listed below" Technical, Past Performance and Price

You can, but be careful with your planned evaluation process trying to turn a matter of responsibility into one of responsiveness (See B-290158, Great Lakes Dredge & Dock Company (gao.gov)).

1 hour ago, PATRICK3 said:

1. Should I have Facilities listed under it's own specific Factor or is it ok to place under Technical Sub-Factor?

If you want.

37 minutes ago, PATRICK3 said:

2. Would this move me into a Far Part 15 type of evaluation? I know GAO has cases where award has started off as a Far 13, but ended up being a Far 15 because that CO took too many parts from that section.

Possibly. I believe the terminology GAO has used in the past has to do with what you are doing (FAR 15) compared to what you said you were going to do (FAR 13). 

My question for you this - Why complicate a FAR 13 acquisition? Is there something highly complicated about this requirement that would require a complex evaluation? If not, then price, PP and technical should be enough (if that much is needed). 

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Yes, it's a little complicated, but the laboratory MUST have those specific clearance levels. I totally agree with you, which is why I'm a little hesitant on doing so. @Constricting Officer

 

We were trying to eliminate so many proposals coming in for this specific award, which is why I was thinking about this. So basically, if this was your award for 4 million, you would touch that, right? 

 

I can simply place the info on the PWS and eval factors listed under technical and be done with it. 

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44 minutes ago, PATRICK3 said:

We were trying to eliminate so many proposals coming in for this specific award, which is why I was thinking about this. So basically, if this was your award for 4 million, you would touch that, right? 

Based on many assumptions I am making I would not put that much into it. With that, it needs to be tailored as needed for the requirement. 

58 minutes ago, PATRICK3 said:

I can simply place the info on the PWS and eval factors listed under technical and be done with it. 

Yes. The PWS defines the government's need and any restrictions to which the contractor has to operate within. In this case the required classification level of the facility used. Simply by providing a quotation they are stating they will comply with the requirement in the PWS. How far you want to go into confirming that they will comply during evaluation should help you craft your evaluation factors.

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3 hours ago, Constricting Officer said:

You can, but be careful with your planned evaluation process trying to turn a matter of responsibility into one of responsiveness

 

4 hours ago, PATRICK3 said:

awarding a BPA under FAR PART 13

There is so much confusion in this thread that I am concerned not enough detail is provided to make a good call on the OP's questions.   BPA award?  Nope a BPA is not a contract, it is not awarded it is issued.  Responsive/responsibility?   Responsive to a solicitation requesting quotations regarding the possible issuance of a BPA to a vendor is one thing but is not responsibility determined at award of a contract or in other words for a BPA when the call or order is issued under the BPA? 

Lots of other things that make my head hurt - Proposals? Factors and Subfactors?  Lab certification when?  At issuance of BPA or award of a call or order?

Just saying.......................

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Patrick,

It sounds like you are talking about special standards of responsibility.  See FAR 9.104-2, Special Standards.  

Yes, it is okay to require that quoters meet special standards of responsibility as a precursor to detailed evaluation.  For example, it is rather common for solicitations to require quoters to submit proof of facility clearances (NISPOM) with their proposals, rather than at time of contract award -- and the GAO has upheld that approach.

But we're talking about special standards of responsibility, not evaluation factors.  Do you want to say in your RFQ that quoters must provide evidence of meeting the special standards of responsibility with their initial quotations, and that only quoters providing such will be evaluated?

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1 hour ago, ji20874 said:

Patrick,

It sounds like you are talking about special standards of responsibility.  See FAR 9.104-2, Special Standards.  

Yes, it is okay to require that quoters meet special standards of responsibility as a precursor to detailed evaluation.  For example, it is rather common for solicitations to require quoters to submit proof of facility clearances (NISPOM) with their proposals, rather than at time of contract award -- and the GAO has upheld that approach.

But we're talking about special standards of responsibility, not evaluation factors.  However, you can say in your RFQ that quoters must provide evidence of meeting the special standards of responsibility with their initial quotations, and that only quoters providing such will be evaluated.  

So that I understand you are saying that Responsibility inclusive of Special Standards of Responsibility apply at issuance of BPA?  Just wondering what the reference is for it applying to a quote for a BPA?  Not saying it is not true but I had difficulty coming to such a conclusion through viewing references.

I did wonder if it is more about a requirement of performance with regard to orders issued pursuant to the BPA not a matter of responsibility to receive a BPA since it is not a contract?   Not on direct point......http://www.wifcon.com/cgen/411265.pdf

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Good point, Carl.

Patrick, let me blow your mind -- you do not need a competition to establish Part 13 BPAs.  Just do it.  Do some market research to identify sources who can provide what you need, and then establish BPAs with some of those firms -- you should only establish BPAs with appropriately-certified laboratories.  Then, you can compete your purchases among the BPA holders, if the number of BPA holders provides maximum practicable competition. 

If you want a single-source arrangement for purchases, I think a BOA might be better than a BPA.  You don't need a competition to establish a BOA, either.  In either case, BPA or BPA, the requirement for competition applies for the purchases, not for the BPA or BOA.

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18 hours ago, PATRICK3 said:

I'm awarding a BPA under FAR PART 13 and I have a question.

13 hours ago, C Culham said:

There is so much confusion in this thread...

Carl is a master of understatement.

This should be a heads up to all those who say they "come here to learn."

Unless I missed it, there has not been not a single reference to FAR 13.303. I'm getting old, so maybe I missed it.

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@ji20874Yes, that's exactly what I'm trying to say. I understand that a BPA is an agreement and the Call Order is the contract once awarded. I'm looking to eliminate BPA vendors from responding to the solicitation, so I was thinking about placing that information in the paragraph before the eval factors. Thanks again Thanks as well for the info @C Culham

 

@Vern Edwards I'm definitely following the guidelines under 13.303. You're not getting old. Lol

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