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  • Question

    Where in the FAR does it mandate that negotiation and or concessions are not allowed during competitive sealed bids with competition?


    Answer

    According to FAR Subpart 14.101(d), Bids shall be evaluated without discussions. In the same subpart 14.101(e) 

      (e) Contract award. After bids are publicly opened, an award will be made with reasonable promptness to that responsible bidder whose bid, conforming to the invitation for bids, will be most advantageous to the Government, considering only price and the price-related factors included in the invitation.
    Price-related Factors include

    14.201-8 -- Price Related Factors.

    The factors set forth in
    paragraphs (a) through (e) of this subsection may be applicable in evaluation of bids for award and shall be included in the solicitation when applicable. (See 14.201-5(c).)
    (a) Foreseeable costs or delays to the Government resulting from such factors as differences in inspection, locations of supplies, and transportation. If bids are on an f.o.b. origin basis (see 47.303 and 47.305), transportation costs to the designated points shall be considered in determining the lowest cost to the Government.
    (b) Changes made, or requested by the bidder, in any of the provisions of the invitation for bids, if the change does not constitute a ground for rejection under 14.404.
    (c) Advantages or disadvantages to the Government that might result from making more than one award (see 14.201-6(q)). The contracting officer shall assume, for the purpose of making multiple awards, that $500 would be the administrative cost to the Government for issuing and administering each contract awarded under a solicitation. Individual awards shall be for the items or combinations of items that result in the lowest aggregate cost to the Government, including the assumed administrative costs.
    (d) Federal, state, and local taxes (see Part 29).
    (e) Origin of supplies, and, if foreign, the application of the Buy American statute or any other prohibition on foreign purchases (see Part 25).


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