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    Once the low offeror is determined by combining the base and the additives, can the next low offeror be awarded the contract, if during evaluation it is determined that the next low offeror is now the low offeror based on only using the base and choosen additives? Or, should the contract be resolicted if the orignal low offeror is no longer the low offeror. (In otherwords, can the priorities change during evaluation which could cause another offeror to be the low?)


    Answer

    Since we do not have all of the facts pertaining to your requirement, solicitation/contract or contractor(s), the following answer is based solely on the background and question provided.  As we do not have access to the contract folder or particulars that apply to this situation, we highly recommend you consult the Contracting Officer and possibly the Legal Office.

     

    We recommend you follow the procedures that are provided via DFARS Provision 252.236-7007 as prescribed via DFARS 236.570(b)(5).  In summary, your selection should be based on the evaluation criteria including provisions, which were set forth in the solicitation.  We are making the assumption that this provision was provided in your organization’s solicitation.  Please note specifically DFARS 252.236-7007(c), which provides an example analysis that you can apply to your case.  The DFARS Provision 252.236-7007 is provided as follows:

     

    252.236-7007 Additive or deductive items.

    As prescribed in 236.570(b)(5), use the following provision:

    Additive or Deductive Items (DEC 1991)

    (a) The low offeror and the items to be awarded shall be determined as follows—

    (1) Prior to the opening of bids, the Government will determine the amount of funds available for the project.

    (2) The low offeror shall be the Offeror that—

    (i) Is otherwise eligible for award; and

    (ii) Offers the lowest aggregate amount for the first or base bid item, plus or minus (in the order stated in the list of priorities in the bid schedule) those additive or deductive items that provide the most features within the funds determined available.

    (3) The Contracting Officer shall evaluate all bids on the basis of the same additive or deductive items.

    (i) If adding another item from the bid schedule list of priorities would make the award exceed the available funds for all offerors, the Contracting Officer will skip that item and go to the next item from the bid schedule of priorities; and

    (ii) Add that next item if an award may be made that includes that item and is within the available funds.

    (b) The Contracting Officer will use the list of priorities in the bid schedule only to determine the low offeror. After determining the low offeror, an award may be made on any combination of items if—

    (1) It is in the best interest of the Government;

    (2) Funds are available at the time of award; and

    (3) The low offeror's price for the combination to be awarded is less than the price offered by any other responsive, responsible offeror.

    (c) Example. The amount available is $100,000. Offeror A's base bid and four additives (in the order stated in the list of priorities in the bid Schedule) are $85,000, $10,000, $8,000, $6,000, and $4,000. Offeror B's base bid and four additives are $80,000, $16,000, $9,000, $7,000, and $4,000. Offeror A is the low offeror. The aggregate amount of offeror A's bid for purposes of award would be $99,000, which includes a base bid plus the first and fourth additives. The second and third additives were skipped because each of them would cause the aggregate bid to exceed $100,000.

    (End of provision)

     

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