Excluding a vendor from competitive range

PATRICK3 said:

If I have a vendor that submitted a proposal for a Firm Fixed Price severable services contract and the vendor didn't submit enough manpower the technical panel suggests is enough to complete the project every month, is that enough to remove them if we have discussions. Just trying to see if that can be done. Basically, it's a basic janitorial contract. I figure if we're going to hold discussions, then that might not be enough to remove them from consideration, but others argue that point in the office.

What is the basis of award?

And is this a Part 15, best value tradeoff or is it a Part 12 commercial services acquisition with trade off? You mentioned “competitive range” you don’t have to answer the latter questions if it would identify your acquisition.

However- to me, if you have concerns about the adequacy of proposed staffing levels, that is exactly the kind of thing you should address during oral discussions.

It's a FAR 15. It's LPTA as well. If you would use that in discussions, how would you construct that question to be asked? I appreciate the assistance @joel hoffman. It's a Department of Commerce contract as well.

Thanks, Patrick. I’m quite frustrated right now after midnight about my inability to move between screens on my iPhone without being logged out of the forum. I quoted portions of your above posts and typed responses but when I go to another screen to look up and copy FAR or other references to paste here, it logged me out and wiped out everything that I typed or quoted

i will will rewrite my response in notes in the morning, then paste it here.

Patrick3 said “It's a FAR 15. It's LPTA as well. If you would use that in discussions, how would you construct that question to be asked?“

Since this is an LPTA, if the firm”s price proposal is competitive but you want to eliminate it from a competitive range for discussions based upon a technical deficiency, you will have to establish that it doesn’t meet the minimum solicitation requirements.

Patrick3 said: “…the vendor didn't submit enough manpower the technical panel suggests is enough to complete the project every month, is that enough to remove them if we have discussions?. “

Patrick, a “suggested amount of manpower”, enough to complete the (janitorial services) every month is likely not a defensible reason to declare that the proposal is deficient in order to exclude the firm from the LPTA competitive range. The solicitation must identify minimum standards of acceptability for the factors being evaluated. See:

“FAR 5.101-2 Lowest price technically acceptable source selection process.

(a) The lowest price technically acceptable source selection process is appropriate when best value is expected to result from selection of the technically acceptable proposal with the lowest evaluated price.

(b) When using the lowest price technically acceptable process, the following apply:

(1) The evaluation factors and significant subfactors that establish the requirements of acceptability shall be set forth in the solicitation. Solicitations shall specify that award will be made on the basis of the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-cost factors…

…(c) Except for DoD, in accordance with section 880 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232, 41 U.S.C. 3701 Note), the lowest price technically acceptable source selection process shall only be used when—

(1) The agency can comprehensively and clearly describe the minimum requirements in terms of performance objectives, measures, and standards that will be used to determine the acceptability of offers;

(2) The agency would realize no, or minimal, value from a proposal that exceeds the minimum technical or performance requirements;

(3) The agency believes the technical proposals will require no, or minimal, subjective judgment by the source selection authority as to the desirability of one offeror's proposal versus a competing proposal…”

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If you can establish that it doesn’t meet the minimum technical solicitation requirements but the price is otherwise competitive and has the possibility of  being the lowest priced offer if the offeror can cure the deficiency, you  can include it in the competitive range for discussions.

Then you must indicate to or discuss with the offeror what is deficient about the proposed manpower levels. See:

“15.306 Exchanges with offerors after receipt of proposals.

…(d)(3) At a minimum, the contracting officer must, subject to paragraphs (d)(5) and (e) of this section and 15.307(a), indicate to, or discuss with, each offeror still being considered for award, deficiencies, significant weaknesses, and adverse past performance information to which the offeror has not yet had an opportunity to respond…”

Thanks so much @joel hoffman! Very helpful

Patrick, if the evaluation factor requires the offeror to demonstrate how it will provide sufficient manpower to perform all janitorial services each month, that could be a topic for discussions (negotiations).

I don’t know how the evaluation criteria is worded in the solicitation. If it is highly subjective, then you could have some interesting discussions.

I think that the government should explain why it considers the “submitted” manpower inadequate to complete all required monthly janitorial services.

Then, ask the offeror to justify the adequacy of its proposed staffing…

The offeror might agree and offer to increase its staffing levels.

Or the offeror might convince the government thst it can complete all required monthly services.

We dont know the specifics of the RFP. If, during the discussions, after the proposer responds to the government’s concerns or position , the government considers the risk of non-performance at the proposed price too high, I think that it should clearly inform the proposer of such position.

I can’t completely frame or “construct” the government’s  “questions” for discussions. Don’t have the solicitation or proposal at hand to independently frame the negotiations/discussions.

Ive conducted many discussions and negotiations. These are my ideas, based upon the limited information available here. Hope it might help. 🤠

To add to the above, the contractor might embrace the government’s concerns.

In addition, you must be fair to all those firms included in the competitive range. I don’t know why you are going to conduct discussions or what you intend to discuss with other firms.

Edit: But be sure to remember that, in an LPTA acquisition, you aren’t allowed to seek enhancement of proposals beyond the minimum requirements or to compare the relative merits of non-price aspects of the competing proposals. Best value here is the lowest reasonably priced proposal that is technically acceptable - based upon the evaluation criteria identified in the solicitation.

joel hoffman said:

We dont know the specifics of the RFP.

@PATRICK3

Joel has offered good advice.  Punctuating his quote if the proposed janitorial is performance based step cautiously.  Remember if so you are leaving it to the contractor to figure out how to perform to a standard.  The government might have one idea, the contractor another.

The question - Considering your proposed manpower can you meet the standard and how so?