[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR15.305]

[Page 254-255]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 15_CONTRACTING BY NEGOTIATION--Table of Contents
 
                      Subpart 15.3_Source Selection
 
Sec.  15.305  Proposal evaluation.

    (a) Proposal evaluation is an assessment of the proposal and the 
offeror's ability to perform the prospective contract successfully. An 
agency shall evaluate competitive proposals and then assess their 
relative qualities solely on the factors and subfactors specified in the 
solicitation. Evaluations may be conducted using any rating method or 
combination of methods, including color or adjectival ratings, numerical 
weights, and ordinal rankings. The relative strengths, deficiencies, 
significant weaknesses, and risks supporting proposal evaluation shall 
be documented in the contract file.
    (1) Cost or price evaluation. Normally, competition establishes 
price reasonableness. Therefore, when contracting on a firm-fixed-price 
or fixed-price with economic price adjustment basis, comparison of the 
proposed prices will usually satisfy the requirement to perform a price 
analysis, and a cost analysis need not be performed. In limited 
situations, a cost analysis (see 15.403-1(c)(1)(i)(B)) may be 
appropriate to establish reasonableness of the otherwise successful 
offeror's price. When contracting on a cost-reimbursement basis, 
evaluations shall include a cost realism analysis to determine what the 
Government should realistically expect to pay for the proposed effort, 
the offeror's understanding of the work, and the offeror's ability to 
perform the contract. Cost realism analyses may also be used on fixed-
price incentive contracts or, in exceptional cases, on other competitive 
fixed-price-type contracts (see 15.404-1(d)(3)). (See 37.115 for 
uncompensated overtime evaluation.) The contracting officer shall 
document the cost or price evaluation.
    (2) Past performance evaluation. (i) Past performance information is 
one indicator of an offeror's ability to perform the contract 
successfully. The currency and relevance of the information, source of 
the information, context of the data, and general trends in contractor's 
performance shall be considered. This comparative assessment of past 
performance information is separate from the responsibility 
determination required under subpart 9.1.
    (ii) The solicitation shall describe the approach for evaluating 
past performance, including evaluating offerors with no relevant 
performance history, and shall provide offerors an opportunity to 
identify past or current contracts (including Federal, State, and local 
government and private) for efforts similar to the Government 
requirement. The solicitation shall also authorize offerors to provide 
information on problems encountered on the identified contracts and the 
offeror corrective actions. The Government shall consider this 
information, as well as information obtained from any other sources, 
when evaluating the offeror past performance. The source selection 
authority shall determine the relevance of similar past performance 
information.
    (iii) The evaluation should take into account past performance 
information regarding predecessor companies, key personnel who have 
relevant experience, or subcontractors that will perform major or 
critical aspects of the requirement when such information is relevant to 
the instant acquisition.
    (iv) In the case of an offeror without a record of relevant past 
performance or for whom information on past performance is not 
available, the offeror may not be evaluated favorably or unfavorably on 
past performance.
    (v) The evaluation should include the past performance of offerors 
in complying with subcontracting plan goals for small disadvantaged 
business (SDB) concerns (see Subpart 19.7), monetary targets for SDB 
participation (see 19.1202), and notifications submitted under 19.1202-
4(b).
    (3) Technical evaluation. When tradeoffs are performed (see 15.101-
1), the source selection records shall include--
    (i) An assessment of each offeror's ability to accomplish the 
technical requirements; and
    (ii) A summary, matrix, or quantitative ranking, along with 
appropriate supporting narrative, of each technical proposal using the 
evaluation factors.
    (4) Cost information. Cost information may be provided to members of 
the technical evaluation team in accordance with agency procedures.

[[Page 255]]

    (5) Small business subcontracting evaluation. Solicitations must be 
structured to give offers from small business concerns the highest 
rating for the evaluation factors in 15.304(c)(3)(iii) and (c)(5).
    (b) The source selection authority may reject all proposals received 
in response to a solicitation, if doing so is in the best interest of 
the Government.
    (c) For restrictions on the use of support contractor personnel in 
proposal evaluation, see 37.203(d).

[62 FR 51230, Sept. 30, 1997, as amended at 63 FR 36121, July 1, 1998; 
64 FR 51842, 51850, Sept. 24, 1999; 65 FR 46054, July 26, 2000]