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  • Question

    Is there regulatory guidance that states all board members must be present during the evaluation? Or can the board proceed with one member absent (3/4 or 75% present).


    Answer

    I know of no such guidance. Two things should be kept in mind regarding this issue. First, The Fee Determining Official (FDO) has ultimate responsibility for determining the award fee amount; the Award-Fee Board only recommends the amount. The FDO has discretion as to whether to accept the recommendation, and that discretion may be based on the number of board members who participated in the evaluation. Second, FAR 16.401(e)(2) states "This determination and the methodology for determining the award fee are unilateral decisions made solely at the discretion of the Government." In other words, the Government has flexibility in terms of how the award fee amount is determined. It's reasonable to assume this would extend to the specifics of member participation on the Award-Fee Board.

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