Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues


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Technical Performance (Quality of Product/Service)

In accordance with 10 U. To facilitate this process, requiring activities must also complete the information required in the Inventory of Purchased Services Form and include it as part of this package. DO NOT make assumptions.

Evaluate the text in the proposal. DO NOT compare proposals against one another. DO NOT rank proposals. Only determine if they meet, or do not meet, the acceptable standards specified in the contract. This process permits tradeoffs among cost or price and non-cost factors and allows the Government to accept other than the lowest priced proposal. The perceived benefits of the higher priced proposal shall merit the additional cost, and the rationale for tradeoffs must be documented in the file. Evaluation Team members should always review this guidance prior to commencing any evaluation.


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Evaluators should keep this guidance for reference as necessary while conducting the evaluation. Prepare Individual Proposal Evaluation Worksheets. Multiple worksheets are required for Tradeoff evaluations. For a Tradeoff evaluation, worksheets are completed as follows:. This worksheet contains a section for each evaluation factor identified in the acquisition package.

When completing the worksheet, record specific comments, referring not only to the page and paragraph in the proposal that generated the comment, but also to the pertinent requirement in the Statement of Work SOW. Once each factor has been evaluated, apply an adjectival rating to each category for each proposal received.

Do not compare proposals against one another during this part of the Tradeoff evaluation. Evaluators are encouraged to document their efforts in obtaining past performance information.

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A Past Performance Evaluation Record is available for this purpose. Hence, the columns to the right, outside the normal display area.

Categories

During the consensus sessions, you can then project parts of this consolidated spreadsheet on the screen and the group as a whole can quickly pick comments that best represent the consensus position. To aid in the evaluation of proposals in response to RFPs developed prior to these revisions, the following archive formats are available:.

While labor rates proposed in response to Fair Opportunity solicitations should be consistent with previously certified rates, evaluators should nevertheless pay attention to the labor categories being proposed to ensure that they are appropriate to accomplish the work described in the statement of work and the proposal. When recommending a proposal that is not lowest cost, describe WHY the added technical capability outweighs the cost differential from both an absolute dollar value and a percent differential.

Remarks should describe why the proposal was recommended for award and most importantly, why the other proposal was NOT recommended.

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Fill out this section even if you only received one offer. The price proposal was in line with the IGCE. Therefore, award to Contractor A is recommended. This is particularly important in the following cases:.

CONTENT DEVELOPMENT

Where the panel recommends award to an contractor with the same overall rating as another, lower priced contractor. The business case must answer the questions:. Where there are one or more contractors that meet the requirements of the Contract, however the panel recommends award to a considerably higher priced contractor with a higher overall rating. The panel must also indicate in their narrative justification, the use of any proposal language that constitutes an increased risk to the Government. Evaluator Guidelines for a Tradeoff Evaluation. DO evaluate proposals against the contract requirements.


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DO NOT evaluate or compare proposals against one another during the initial evaluation. They must be evaluated individually against the evaluation factors in the contract. Contractor 3 is equally as capable as Offeror 2. This encourages retention and staff growth. DO ensure that it is clear how your comment relates to the evaluation factor.

DO give each proposal the same consideration up front. DO provide detailed comments and accurate references.


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Contractor 1, page 10, not where we are going. Contractor 1, page 10, paragraph 4. The Contractor does not appear to understand the direction of the program nor the intent of the Contract and has specified an approach which has been proven unsuccessful on this program in the past. NOTE: This description stands on its own. Contractor 1 offers great resumes. The Key Personnel resume presented by Contractor 1 offers the Government a strong technical staff member with 13 years of government experience and 25 years of management experience.

NOTE: This describes how the experience directly relates. DO use references to limit amount of time and space that each comment requires. The training approach presented in section 5. Avoid using language that is jargon-laden and legalistic. This will not clearly convey important information but may cause confusion and misinterpretation. Avoid undefined or overused abbreviations and acronyms. DO be fair and consistent in the proposal evaluation. Be Critical, but Fair in your evaluation.

Fairly evaluate all proposals against the requirements of the contract. Always ask yourself:. How is the contractor going to meet the requirements of the contract? If I was present at the debrief, would I be able to defend this assessment? Ensure that your comments are concise, clear and professionally stated. Antagonistic or inflammatory comments can lead to a protest and must be avoided.

Federal Acquisition Regulation; Documenting Contractor Performance

This means, that if a protest occurs, the Government is legally obligated to provide these materials to the protesting contractor. Rating an idea as a positive in one proposal and the same idea as a negative in another. Insight by GEHA: Learn which healthcare plans are right for you this open season in this exclusive ebook. At the same time, vendors and federal procurement officials alike heed a common call that the current approach to obtaining past performance is problematic and needs to be rethought. No one wants to throw it out.

How Source Evaluation Boards Work: Ep 72 Government Contracting Weekly

We just want to fix it. Contractors also are not actively engaged in the documentation and support of the ratings. That has to change too, especially as agencies are paying a lot more attention to ratings. We have to figure out how to make sure past performance ratings are not done in haste. Smith said on average, depending on the type of procurement, it could take a contracting officer a few minutes to a few hours to write an in-depth CPARS review.

Between and across the four areas of CPARS—quality, management, schedule and cost control—the number of satisfactory ratings have consistently increased while the number of exceptional ratings bottomed out and the number of very good ratings also are a downward trajectory.

Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues
Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues
Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues
Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues
Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues Evaluating the “Past Performance” of Federal Contractors: Legal Requirements and Issues

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