When utilizing FAR 13, there have been discussion that you do not have to state what your evaluation factors will be. As you can see in the Scenario above, the factors are simply Price and Price related factors. I understand that the factors do not have to be weighted. However, I am having a hard time listing the evaluation factors as Price and Price Related Factors without telling the potential bidders what those (Price related) factors are. Is FAR 13 meant to be so broad that we can just make award based on these price related factors that we have not communicated to potential bidders?
1. The FAR reference quoted below in pertinent part are applicable to this response.
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FAR 13.106-2 -- Evaluation of Quotations or Offers
(1) The contracting officer shall evaluate quotations or offers --
(i) In an impartial manner; and
(ii) Inclusive of transportation charges from the shipping point of the supplier to the delivery destination.
(2) Quotations or offers shall be evaluated on the basis established in the solicitation.
2. As expressly stated in FAR 13.106-2(a)(2), quotes must be evaluated on the basis established in the solicitation. Award may not be made if the evaluation is actually conducted on any basis other than that established in the RFQ. Therefore, if “price-related factors” will be used in the evaluation, selection of sources and award, then all such price-related factors must be clearly communicated to all in the solicitation, no exceptions.