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Solicitation and Selection Methods

FREE Request for Proposal Letters Toolkit, 2011 EditionAlso known as: procurement methods, RFP handling, purchase methods, competitive proposals contracting, or competitive negotiated acquisition.

Depending on the amount involved in the procurement of new goods, products, or services, you may choose the option best matching your needs amongst the following solicitation and selection methods:

  1. Informal purchase process
    1. Micro-purchase
    2. Small purchase
  2. Formal competitive purchase process
    1. Best-price purchase
    2. Best-value purchase
  3. Formal non-competitive purchase process

Micro-purchase process

Also known as: micro procurement methods

When:

A micro-purchase does not require obtaining competitive quotations if you determine that the price to be paid is fair and reasonable.

Micro-purchases should be equitably distributed among qualified suppliers in the local area and purchases should not be split to avoid the requirements for competition above the micro-purchase threshold

Minimal documentation is usually required:

Small purchase process

Also known as: small procurement methods

When:

Small purchase procedures may not be used if the services, supplies, or other property costs either less than the micro-purchase threshold or more than the small purchase threshold. If small purchases procedures are used, price or rate quotations shall be obtained from an adequate number of qualified sources.

As a method of procurement, small purchase procedures recognize that, up to some statutory level (the small purchase threshold), it could cost more to conduct a formal competition than the value expected to be yielded by the formal competition. This procedure requires obtaining only limited competition from an adequate number of qualified sources (at least two). Solicitations and quotations for small purchases may be either oral or written.

Best-price purchase process

Also known as: best-price procurement, lowest-price procurement, or lowest-priced technically acceptable method.

The Federal Acquisition Regulation (FAR), document setting forth basic policies and procedures for proper acquisition by all federal agencies, defines this process as follows:

  1. The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.
  2. 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. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors. If the contracting officer documents the file pursuant to 15.304(c)(3)(iv), past performance need not be an evaluation factor in lowest price technically acceptable source selections. If the contracting officer elects to consider past performance as an evaluation factor, it shall be evaluated in accordance with 15.305. However, the comparative assessment in 15.305(a)(2)(i) does not apply. If the contracting officer determines that a small business' past performance is not acceptable, the matter shall be referred to the Small Business Administration for a Certificate of Competency determination, in accordance with the procedures contained in Subpart 19.6 and 15 U.S.C. 637(b)(7)).
    2. Tradeoffs are not permitted.
    3. Proposals are evaluated for acceptability but not ranked using the non-cost/price factors.
    4. Exchanges may occur (see 15.306).

(FAR § 15.101-2, Lowest price technically acceptable source selection process)

So, best-price procurement is used when:

To solicit offers from providers, the best-price purchase process relies on an Invitation to Bid (ITB), also known as Invitation to tender (ITT), Invitation for Bids (IFB), or Sealed Bids. Although simply one of many procurement methods that may be used, the best price purchase based on sealed bid method is sometimes more appropriate for particular projects, like construction or purchase of goods. When used, the sealed bid method defines specific requirements that have to be followed:

Best-value purchase process

Also known as: best-value procurement, greatest-value procurement, or tradeoff process

The Federal Acquisition Regulation (FAR), document setting forth basic policies and procedures for proper acquisition by all federal agencies, defines best value as follows:

"Best value means the expected outcome of an acquisition that, in the Government's estimation, provides the greatest overall benefit in response to the requirement." (FAR § 2.101)

FAR also defines this process as follows:

  1. A tradeoff process is appropriate when it may be in the best interest of the Government to consider award to other than the lowest priced offeror or other than the highest technically rated offeror.
  2. When using a tradeoff process, the following apply:
    1. All evaluation factors and significant subfactors that will affect contract award and their relative importance shall be clearly stated in the solicitation; and
    2. The solicitation shall state whether all evaluation factors other than cost or price, when combined, are significantly more important than, approximately equal to, or significantly less important than cost or price.
  3. 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 in accordance with 15.406.

    (FAR § 15.101-1, Tradeoff process)

So, best-value procurement is used when:

To solicit offers from providers, the best-value purchase process relies on a Request for Proposals (RFP). The RFP sets forth acquisition requirements and ask providers to submit a competitive proposal. Although simply one of many procurement methods that may be used, the RFP-based solicitation and selection method is more appropriate than the sealed bids method for specific projects. Indeed, it's particularly the case when provided specifications focus more on outcomes and benefits whatever features are proposed by providers in order to achieve rather than for particular projects, like construction or purchase of goods. When used, the best-value purchase procurement method defines specific requirements that have to be followed:

Non-competitive purchase process

Also known as: noncompetitive procurement

When:

The non-competitive proposal or sole source procurement process is accomplished through solicitation or acceptance of a proposal from one single source only when other procurement methods, namely micro-purchases, small purchases, and competitive procedures like sealed bids, or competitive proposals, are not applicable or lead to an unrealistic process.

Such circumstances could be:

Inappropriate Sole Source Justification

Sole sourcing is not appropriately justified and justifiable when used as a method of selecting a preferred vendor. Notwithstanding the fact that they could be voided by potential sole source solicitation protests, purchases of this king, when put under scrutiny, will surely attract auditors' interest in their quest for details suggesting a bit of favoritism, partiality, and other bias.

Sole Source Protest Letter Template

In the sole source solicitation context, a sole source protest letter may be sent by a prospective provider who is aggrieved in connection with the sole source solicitation process and resulting award of the contract to another provider, and would like to file a protest.

To help you identify what kind of facts are deemed valid, thus acceptable grounds for such a sole source protest letter, you might read the discussion "How to protest against Sole Source Solicitation" and, to create your own sole source protest letter, use the templates and samples provided in your FREE RFP Letters Toolkit.

Definitions

Responsibility: being a responsible provider

Failing to be able to honor the contract agreed, the non-responsibility of the provider is established, so such provider is declared as non-responsible. The responsibility of a provider is established, so such provider is declared as responsible, when the organization is able to properly and successfully execute the proposed contract under the terms and conditions agreed. May be taken into account such considerations as integrity of the organization, compliance with public or internal policies, client references as record of past performance, financial viability, and whether technical or administrative resources to be dedicated to the project.

A non-responsible provider, although supplying all necessary information, would, for example, not be able to fully satisfy requirements defined in the RFP or would be financially unstable or unable to complete the project in a timely manner.

Responsiveness: submitting a responsive proposal

Failing to be able to honor the requirements as set forth in the solicitation document, the non-responsiveness of the proposal is established, so such proposal is qualified as non-responsive. The responsiveness of a proposal is established, so such proposal is qualified as responsive, when the proposed solution is conformed with all the requirements, terms, and conditions set forth in the solicitation document. May be taken into account such considerations as Return on Investment (ROI), cost analysis, installation, implementation, training, or support.

A non-responsive proposal would, for example, neglect to provide mandatory information or documents requested in the RFP.

Top Books on Procurement, Solicitation, and Selection

Source Selection Answer Book (2nd Edition)
by Vernon J. Edwards
Hardcover: 443 pages
ISBN: 1567261728

Book Description:
The newly expanded and updated second edition of this best selling and practical handbook is designed to give hands-on contracting professionals a solid working knowledge of this critical process.
This proven resource covers the entire source selection process, including acquisition and source selection planning, preparation of requests for proposals, proposal solicitation and preparation, proposal evaluation, award without discussions, discussions and final proposal revisions, final proposal evaluation, contractor selection, and debriefings and protests.

Source Selection Answer Book, Second Edition provides concise, straightforward answers to common questions about the Federal government's rules and procedures in selecting contractors including:

All in a unique question and answer format that allows the reader to go directly to the topic of interest for fast and comprehensive solutions!

Solicitation and Selection Web References

Simplified Acquisitions
SubPart 13, Federal Acquisition Regulation (FAR)

This part prescribes policies and procedures for the acquisition of supplies and services, including construction, research and development, and commercial items, the aggregate amount of which does not exceed the simplified acquisition threshold (see FAR 2.101). Subpart 13.5 provides special authority for acquisitions of commercial items exceeding the simplified acquisition threshold but not exceeding $5 million ($10 million for acquisitions as described in FAR 13.500(e)), including options. See Part 12 for policies applicable to the acquisition of commercial items exceeding the micro-purchase threshold. See FAR 36.602-5 for simplified procedures to be used when acquiring architect-engineer services.

Sealed Bidding
SubPart 14, Federal Acquisition Regulation (FAR)

This part prescribes:

  1. Use of Sealed Bidding.
    The basic requirements of contracting for supplies and services (including construction) by sealed bidding;
  2. Solicitation of Bids.
    The information to be included in the solicitation (invitation for bids);
  3. Submission of Bids.
    Procedures concerning the submission of bids;
  4. Opening of Bids and Award of Contract.
    Requirements for opening and evaluating bids and awarding contracts; and
  5. Two-Step Sealed Bidding.
    Procedures for two-step sealed bidding

Contracting by Negotiation:
Competitive and Sole Source Acquisitions

SubPart 15, Federal Acquisition Regulation (FAR)

This part delineates policies and procedures governing competitive and noncompetitive negotiated acquisitions like:

  1. Sole source acquisitions. When contracting in a sole source environment, the request for proposals (RFP) should be tailored to remove unnecessary information and requirements; e.g., evaluation criteria and voluminous proposal preparation instructions.
  2. Competitive acquisitions. When contracting in a competitive environment, the procedures of this part are intended to minimize the complexity of the solicitation, the evaluation, and the source selection decision, while maintaining a process designed to foster an impartial and comprehensive evaluation of offerors' proposals, leading to selection of the proposal representing the best value to the Government (see FAR 2.101).

Tips, templates, and samples of professional RFP letters

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Federal Contract Oversight

by Project on Government Oversight (POGO)
 FREE RFP Letters Toolkit, 2009 Edition

Podcast: How Bad Performance Can Be Good for Business in Government ContractingExpand

POGO's Scott Amey dishes out a post-mortem on a recent Commission on Wartime Contracting hearing--at which he testified--on contractor accountability..

POGO Provides Post-hearing Supplemental Materials to the Commission on Wartime ContractingExpand

Pursuant to the Commission on Wartime Contracting's (Commission) request that the record for the hearing held on February 28, 2011, "Ensuring contractor accountability: Past performance and suspensions and debarments," be supplemented within thirty days, the Project On Government Oversight (POGO) provides the following information. Specifically, POGO believes the Commission should recommend that the Federal Awardee Performance and Integrity Information System (FAPIIS) be expanded in scope and that the Department of Defense's (DoD) revolving door database of senior level acquisition officials be made publicly available.[2].

Solution: How the Government Can Stop Doing Business With Risky ContractorsExpand

It is very hard for the federal government to have a successful criminal or civil prosecution of their contractors and it is the hardest to do with the Department of Defense (DoD). In January, the DoD created a stir when it released its Report to Congress on Contracting Fraud, which examined the extent to which the Pentagon awarded contracts to companies that defrauded the government. The report found that, from Fiscal Year 2007 to Fiscal Year (FY) 2009, the DoD awarded almost $270 billion in contracts to 91 contractors found liable in civil fraud cases, and $682 million to 30 contractors convicted of criminal fraud. .

U.S.Government Rarely Suspends or Debars Those Responsible for Billions in Tax Dollars Lost to Fraud, Waste, Abuse in War ZonesExpand

Tens of billions of dollars are being lost to waste and fraud in Iraq and Afghanistan because of a toothless U.S. contracting system so reliant on a handful of major contractors that it rarely suspends or desbars them, even when those companies have committed serious offenses, according to the Project On Government Oversight's (POGO) testimony today before a independent, federal commission..

Commercial Item Exceptions Must be Eliminated From New Suspension and Debarment RuleExpand

The Project On Government Oversight (POGO) provides the following public comment to FAR Case 2009-036, "Federal Acquisition Regulation; Uniform Suspension and Debarment Requirement" (75 Fed. Reg. 77739, December 13, 2010). The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) issued an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 815 of the National Defense Authorization Act for Fiscal Year 2010 (P.L. 111-84), which extends the restriction on contracting to subcontractors at any tier that have been suspended or debarred, with certain exceptions for commercial item and commercially available off-the-shelf (COTS) item acquisition contracts..

Should Debarred Contractors Be Allowed to Build Military Aircraft?Expand

Today, POGO submitted a public comment about a new rule limiting the ability of suspended or debarred contractors to do business with the federal government. The rule prohibits prime contractors from subcontracting with any entity that has been suspended, debarred, or proposed for debarment..

Pentagon Cuts Back Contract Audits, Opens Door for Contractor OverpaymentsExpand

Under the guise of eliminating overlap, the Pentagon last month sharply reduced oversight of defense contracts, according to memos obtained by the Project On Government Oversight (POGO). The changes, which give some of the duties of the Defense Contract Audit Agency (DCAA) to the less aggressive Defense Contract Management Agency (DCMA), were outlined in a January memo signed by Shay Assad, the director of Defense Procurement and Acquisition Policy. DCAA staff were informed of the changes in a Jan. 31 memo from DCAA Director Patrick Fitzgerald..

Testimony of POGO's Nick Schwellenbach on "Improving Federal Contract Auditing"Expand

We believe that there should be an independent Federal Contract Audit Agency (FCAA), as long as it is done right. This isn't a new idea: it is an idea that has been batted around since at least the 1980s, when DCAA whistleblower George Spanton exposed serious problems at DCAA. .

Federal Government Needs Strong, Independent Auditor to Oversee Billions in Contract Spending, POGO Tells Senate PanelExpand

The responsibility of auditing the hundreds of billions of dollars spent each year on defense and civilian contracts should fall to a single, independent agency that is outside of the Pentagon's chain of command, the Project On Government Oversight (POGO) told a U.S. Senate panel today..

Last Modified: Tuesday, March 22, 2011 1:05:58 PM

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