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    Part 14.408-6 identifies the procedures to be used in and IFB when you have equal low bids, but part 15.101-2 does not outline similar procedures for LPTA acquisitions. Can the Contracting officer award the contract to the offeror that is proposing the newest NTV (both are acceptable but if one offeror is proposing a 2010 NTV verses a 2008 NTV)? If not are the procedures in part 14 to be used?


    Answer

     
    If you have exactly the same dollar offers, to the penny, you have to award to the lowest price. It would be incredulous that you had identical price offers, because that could be an indicator of collusion and price fixing and
    you would need to conduct an investigation.
     
    If you did in fact get identical price offers, to the penny, you decide who wins with a coin toss or drawing names out of a hat. You do not pick a winner based upon a technical difference, because you chose to pick the LPTA as your evaluation and selection criteria, and not any technical criteria. 
     
     
    Under FAR 15.101-2 Lowest price technically acceptable source selection process,  (a)
     
    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)(iii), 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.
     
     
    You may want to consult the Department of Defense Source Selection Procedures, Appendix A.  Also you should discuss the situation with your legal counsel and source selection authority. 
     


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