[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR15.305]



[Page 264-265]

 

            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 265]]



    (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]