15.304 Evaluation factors and significant subfactors.
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(a) The award decision is based on evaluation factors and significant subfactors that are tailored to the acquisition.
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(b) Evaluation factors and significant subfactors must-
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(1) Represent the key areas of importance and emphasis to be considered in the source selection decision; and
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(2) Support meaningful comparison and discrimination between and among competing proposals.
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(c) The evaluation factors and significant subfactors that apply to an acquisition and their relative importance, are within the broad discretion of agency acquisition officials, subject to the following requirements:
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(1) Price or cost to the Government shall be evaluated in every source selection (10 U.S.C.2305(a)(3)(A)(ii) and 41 U.S.C.3306(c)(1)(B)) (also see part 36 for architect-engineer contracts);
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(2) The quality of the product or service shall be addressed in every source selection through consideration of one or more non-cost evaluation factors such as past performance, compliance with solicitation requirements, technical excellence, management capability, personnel qualifications, and prior experience (10 U.S.C.2305(a)(3)(A)(i) and 41 U.S.C.3306(c)(1)(A)); and
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(i) Past performance, except as set forth in paragraph (c)(3)(iii) of this section, shall be evaluated in all source selections for negotiated competitive acquisitions expected to exceed the simplified acquisition threshold.
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(ii) For solicitations that are not set aside for small business concerns, involving consolidation or bundling, that offer a significant opportunity for subcontracting, the contracting officer shall include a factor to evaluate past performance indicating the extent to which the offeror attained applicable goals for small business participation under contracts that required subcontracting plans (15 U.S.C.637(d)(4)(G)(ii)).
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(iii) Past performance need not be evaluated if the contracting officer documents the reason past performance is not an appropriate evaluation factor for the acquisition.
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(4) For solicitations, that are not set aside for small business concerns, involving consolidation or bundling, that offer a significant opportunity for subcontracting, the contracting officer shall include proposed small business subcontracting participation in the subcontracting plan as an evaluation factor (15 U.S.C.637(d)(4)(G)(i)).
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(5) If telecommuting is not prohibited, agencies shall not unfavorably evaluate an offer that includes telecommuting unless the contracting officer executes a written determination in accordance with FAR 7.108(b).
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(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)). The rating method need not be disclosed in the solicitation. The general approach for evaluating past performance information shall be described.
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(e) The solicitation shall also state, at a minimum, whether all evaluation factors other than cost or price, when combined,- are-
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(1) Significantly more important than cost or price;
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(2) Approximately equal to cost or price; or
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(3) Significantly less important than cost or price (10 U.S.C.2305(a)(3)(A)(iii) and 41 U.S.C.3306(c)(1)(C)).
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