Is LPTA not applicable at all to FAR 13, and therefore I should not use the DoD LPTA guidance? Should I write, "evaluation shall be IAW FAR 13.106-2", and build the instructions to offerors and evaluation using language drawn from 15 but not referencing FAR 15 or state evaluation will be based on LPTA? The way I read it is that FAR 13 is trying to reach price fair and reasonable only whereas FAR 15 is trying to reach a best value. The technique used to reach price fair and reasonable is 13.106-2 the technique used in FAR 15 is a continuum ranging from trade-off to LPTA on the low end, but the continuum is different from 13.106-2 even though it resembles or even identical to LPTA. FAR 13.106-2 talks about Price alone and Price and Other factors; does this need to be explicitly stated in the solicitation? There appears to be no guidance for FAR 13 construction, appears to be at the discretion of the individual KO which is highly subjective.
FAR 13.106-2 states the contracting officer has board discretion on fashioning evaluative procedures from FAR 14 and FAR 15. This is confusing to me because once you do an IFB FAR 14 must be followed. When one follows the DoD guidance on using LPTA numerous parts of FAR 15 come into the solicitation like pulling links on a chain.
DoD Source Selection Procedures Guide dated March 31, 2016 does not apply to your acquisition (see para. 1.2.1[3rd bullet]).
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FAR part 13 refers to construction numerous times ([13.000 -- Scope of Part. This part prescribes policies and procedures for the acquisition of supplies and services, including construction.... 13.003(g)(1)...any appropriate combination of the procedures in Parts 13, 14, 15, 35, or 36, including the use of Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair), for construction contracts (see 36.701(a))...13.106-1 (d) ...The contracting officer shall issue a written solicitation for construction requirements exceeding $2,000. It is note give specific instructions; the acquisition team determines what is best for its particular acquisition.
As we read your question and background the first concern is what are you acquiring?
You state it is an HVAC replacement and then add in parentheses it is a repair. You also make reference to construction. Which is it? Replacement is a product, repair is a service; is it a combination, is it construction? It is important your team answers this clearly and accurately so you fashion the solicitation appropriately to attract the most qualified quoters/offerors.
After answering that question, which aspect is greater/more important? Answering these questions will form the basis of your evaluation criteria. Your criteria needs to target those things that are critical to the accomplishment of the effort.
An LPTA approach can be used in a FAR part 13 source selection.
FAR part 13 policy allows the contracting officer to draw on other parts of the FAR in crafting the acquisition strategy.
(g) Authorized individuals shall make purchases in the simplified manner that is most suitable, efficient, and economical based on the circumstances of each acquisition. For acquisitions not expected to exceed --
(1) The simplified acquisition threshold for other than commercial items, use any appropriate combination of the procedures in Parts 13, 14, 15, 35, or 36, including the use of Standard Form 1442, Solicitation, Offer, and Award (Construction, Alteration, or Repair), for construction contracts (see 36.701(a))
13.106-2 -- Evaluation of Quotations or Offers.
(b) Evaluation procedures.
(1) The contracting officer has broad discretion in fashioning suitable evaluation procedures. The procedures prescribed in parts 14 and 15 are not mandatory. At the contracting officer’s discretion, one or more, but not necessarily all, of the evaluation procedures in Part 14 or 15 may be used.
The contracting officer does have broad discretion and may use procedures prescribed in (FAR) parts 14 and 15 (but they) are not mandatory. Drawing from these parts and using them in your FAR part 13 acquisition does not make it a FAR part 14 or FAR part 15 acquisition. Your team can draw on the low end of the FAR part 15 best value continuum and use aspect of LPTA in its criteria development and source selection process.
13.106-1 -- Soliciting Competition.
(a) Considerations. In soliciting competition, the contracting officer shall consider the guidance in 13.104 and the following before requesting quotations or offers:
(2) When soliciting quotations or offers, the contracting officer shall notify potential quoters or offerors of the basis on which award will be made (price alone or price and other factors, e.g., past performance and quality). Contracting officers are encouraged to use best value. Solicitations are not required to state the relative importance assigned to each evaluation factor and subfactor, nor are they required to include subfactors.
All selections are intended to be best value, resulting from a fair and reasonable price. The determination of how we arrive at best value differs in the various source selection techniques we apply.
As for criteria, the FAR or DFARS is not going to tell you what they are because they vary from acquisition to acquisition. Your team needs to decide what the most important discriminators are for the HVAC.
Use unit templates if the templates are appropriate for what your team is acquiring. Don't change the acquisition to fit the template, change the template to fit the acquisition.