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  • Question

    How does the board evaluated the proposals if we forgot to include the relative order of importance of the criteria in the announcement?


    Answer

    Per FAR 15.304 (d) All factors and significant subfactors that will affect contract award and their relative importance shall be stated clearly in the solicitation (10 U.S.C. 2305(a)(2)(A)(i) and 41 U.S.C. 3306(b)(1)(A)) (see 15.204-5(c). 

    In accordance with FAR15.206 -- Amending the Solicitation and the status of your acquisition, amending your solicitation may be your approriate course of action. Of course this follows and is in conjunction with discussion with your contracting officer. 

    "(a) When, either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the contracting officer shall amend the solicitation.

    (b) Amendments issued before the established time and date for receipt of proposals shall be issued to all parties receiving the solicitation.

    (c) Amendments issued after the established time and date for receipt of proposals shall be issued to all offerors that have not been eliminated from the competition.

    (d) If a proposal of interest to the Government involves a departure from the stated requirements, the contracting officer shall amend the solicitation, provided this can be done without revealing to the other offerors the alternate solution proposed or any other information that is entitled to protection (see 15.207(b) and 15.306(e)).

    (e) If, in the judgment of the contracting officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the contracting officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition."

    Should you have further questions please contact AAP. Thank you the the opportunity to be of assistance.

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