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| Excerpt from
discussion of source selection in best value procurements
... Here we note that although
it is possible for the government to make a selection based on Cost/Price
in a best value procurement for which Cost/Price was indicated in
the RFP to have relatively less weight than the technical factors,
the government’s latitude in doing so is limited. GAO has
sustained protests in cases where the RFP indicated that greater
weight would be assigned to technical factors, and Cost/Price was
used instead as the basis for selection (1). GAO has also sustained
cases where the RFP indicated that technical quality was more important
than cost, and the agency has instead grouped proposals as “acceptable”
and used cost to break the tie (2).
Finally, just as GAO has ruled that agencies must be able to show
in their source selection documents the reasoning why a technically
superior offer was worth the higher price (3), it has likewise ruled
that the government may not select a lower price when the added
value of a technically superior offer was not addressed (4). In
short, if the government seeks technically superior offers, and
the RFP indicates that technical quality is more heavily weighted
than Cost/Price, then denial of the award to the technically superior
offeror must be based on reasoning showing why the higher price
of the technically superior offer is not justified ...
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(1) Comp.Gen.
Dec. B-244385, Oct. 8, 1991; Comp.Gen. Dec. B-287013, B-287013.2,
Mar. 30, 2001.
(2) Comp.Gen. Dec. B-244546, Oct. 25, 1991.
(3) Comp.Gen. Dec. B-260788.2, Aug. 2, 1995.
(4) Comp.Gen. Dec. B-244385, Oct. 8, 1991. |
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