FAP Part 15 Flashcards
Contracting by Negotiation
Part 15
Contracting by Negotiation
Part 15 - Contracting by Negotiation
15.1 - Source Selection Processes and Techniques
Scope and Best Value Continuum (FAR 15.100 & 15.101)
Acquisition strategies must be competitive and suitable for specific circumstances (FAR 15.100).
Best value obtained through various source selection approaches; the importance of cost or price varies by acquisition type (FAR 15.101).
Tradeoff Process (FAR 15.101-1)
Appropriate when benefits of a higher priced proposal outweigh cost considerations.
Evaluation factors must be clearly stated; tradeoffs between cost/price and non-cost factors allowed; rationale for decisions must be documented (FAR 15.101-1(a)-(c)).
Lowest Price Technically Acceptable (LPTA) Process (FAR 15.101-2)
Suitable for acquisitions where minimum technical requirements are clear and no value from exceeding
these requirements is expected.
No tradeoffs allowed; award based on lowest evaluated price meeting technical standards (FAR 15.101- 2(a)-(c)).
Tiered Evaluation of Small Business Offers (FAR 15.101-3)
Tiered evaluations prohibited unless there is statutory authority to ensure fair opportunities for small businesses (FAR 15.101-3).
Oral Presentations (FAR 15.102)
Can replace or supplement written proposals to streamline source selections.
Solicitations must clearly outline oral presentation requirements; recordings or notes of presentations must
be documented (FAR 15.102(a)-(g)).
General Requirements and Documentation
Oral presentations may discuss offeror’s capabilities, past performance, work plans, etc.
Adequate evaluation by government required, with any information obtained potentially incorporated into the contract (FAR 15.102(c)).
Part 15 - Contracting by Negotiation
15.2 - Solicitation and Receipt of Proposals and Information
Scope of Subpart (FAR 15.200)
Prescribes policies and procedures for exchanging information with industry, preparing and issuing RFPs and RFIs, and receiving proposals and information.
Exchanges with Industry (FAR 15.201)
Encourages exchanges of information from the earliest identification of a requirement through receipt of proposals (FAR 15.201(a)).
Purpose is to improve understanding of government requirements and industry capabilities to enhance quality and efficiency in procurement (FAR 15.201(b)).
Techniques include industry conferences, market research, and presolicitation notices (FAR 15.201(c)).
Advisory Multi-Step Process (FAR 15.202)
Agencies may use a presolicitation notice inviting potential offerors to submit information, helping the government advise on their viability as competitors (FAR 15.202(a)).
All responses are evaluated, and each respondent is advised on their potential to compete in the resultant acquisition (FAR 15.202(b)).
Requests for Proposals (RFPs) (FAR 15.203)
Used to communicate government requirements and solicit proposals; includes government’s requirement, anticipated terms, and evaluation factors (FAR 15.203(a)).
RFPs may be issued electronically or via facsimile, considering factors like proposal size and urgency (FAR 15.203(c-d)).
Uniform Contract Format (FAR 15.204)
Facilitates preparation and use of solicitation and contract documents; not required for certain contracts like construction (FAR 15.204).
Parts I to IV detail solicitation/contract form, contract clauses, documents, and instructions for offerors (FAR 15.204-1).
Evaluation Factors and Significant Subfactors (FAR 15.304)
Evaluation must be based on factors and subfactors tailored to the acquisition, emphasizing
price or cost and quality of the product or service (FAR 15.304(a-c)).
Factors must support meaningful comparison and discrimination among proposals, and all significant factors affecting the award decision must be clearly stated in the solicitation (FAR 15.304(d)).
Proposal Evaluation (FAR 15.305)
Proposals are assessed based on their ability to meet the Government’s requirements,
considering cost or price, technical merit, and past performance (FAR 15.305(a)).
Evaluations may use various methods such as color or adjectival ratings, and numerical weights, and the evaluation process should document relative strengths, deficiencies, and risks (FAR 15.305(a)).
Part 15 - Contracting by Negotiation Introduction to FAR Subpart 15.4
- Contract Pricing
Scope of Subpart (FAR 15.400)
“This subpart prescribes the cost and price negotiation policies and procedures for pricing negotiated prime contracts (including subcontracts) and contract modifications, including modifications to contracts awarded by sealed bidding.”
Part 15 - Contracting by Negotiation Introduction to FAR Subpart 15.4
- Contract Pricing
Definitions (FAR 15.401)
Price: “Cost plus any fee or profit applicable to the contract type.”
Part 15 - Contracting by Negotiation
Overview of FAR Subpart 15.5 -
Preaward, Award, and Postaward Notifications, Protests, and Mistakes
Definitions
Day:
As defined in 33.101, typically refers to a calendar day, unless specified otherwise.
Part 15 - Contracting by Negotiation
Overview of FAR Subpart 15.5 -
Preaward, Award, and Postaward Notifications, Protests, and Mistakes
Applicability
Applicable to competitive proposals and combinations of competitive procedures. The processes in this subpart are also suggested for sole source acquisitions.
Notifications to Unsuccessful Offerors (FAR 15.503)
Preaward Notices: Notifying offerors promptly when excluded from the competitive range or the
competition entirely, specifying the reasons.
Postaward Notices: Notifying unsuccessful offerors within 3 days post-award, providing details such as the number of proposals received, the awardee’s name, and general reasons for non- selection.
Award to Successful Offeror (FAR 15.504)
A contract is awarded by furnishing the executed contract or notice of award to the successful offeror. Any differences from the proposal must be highlighted and mutually signed.
Preaward Debriefing of Offerors (FAR 15.505)
Offerors excluded before award can request a debriefing to understand the reasons behind their exclusion. This debriefing can include agency evaluations and a summary of the decision-making rationale.
Postaward Debriefing of Offerors (FAR 15.506)
Unsuccessful offerors can request a debriefing within 3 days after notification of the award. The debriefing will cover the agency’s evaluation of the offeror’s proposal, the rationale for the award decision, and other pertinent comparative information.
Protests and Mistakes (FAR 15.507 & 15.508)
Protests: Procedures for handling protests against award decisions, including new solicitations or requests for revised
proposals triggered by protests.
Mistakes: Discovery of mistakes in proposals after award are handled similarly to mistakes in bids, allowing for potential administrative corrections.
Part 15 - Contracting by Negotiation Overview of FAR Subpart 15.6
Unsolicited Proposals
* Scope and Policy (FAR 15.600, 15.602)
This subpart addresses policies and procedures for unsolicited proposals—new and innovative ideas
developed outside the Government.
Encourages submissions that don’t fall under typical solicitations, emphasizing support for innovation and unique contributions to government missions.