§3306 Planning and solicitation requirements

Summary

Agencies must plan purchases and ask for bids or proposals in ways that give full and open competition. They must do market research, plan ahead, and write specifications that fit the need and allow competition. Specifications can be written by function, performance, or design. Solicitations must allow competition and include limits only when needed or allowed by law. For sealed bids and competitive proposals (except certain commercial buys using special simplified procedures or purchases at or below the simplified acquisition threshold), solicitations must list all important evaluation factors and subfactors and say how important each is. For sealed bids, they must say bids will be evaluated without discussions and give the time and place for opening. For proposals, they must say whether awards will be made with or without discussions (except minor clarifications) and give the submission deadline and place. Agencies must explain how they will weigh quality (technical, management, experience, past performance) and must include cost or price as a factor unless an exception applies for hourly-rate service contracts awarded under sections 4103, 4106, 152(3), and 501(b) of title 40 where every qualifying offeror will get a contract and work orders are competed on hourly rates; in that case price need not be used for contract award but must be considered when issuing task or delivery orders under sections 4106(c) and 152(3). The term qualifying offeror means a responsible source that submits a compliant proposal, meets technical requirements, and is eligible for award. Regulations may not set fixed numeric rules for phrases like “significantly more important.” Agencies may still give extra info, such as numeric weights or a statement that the lowest-cost offer meeting requirements will win. Sealed-bid solicitations may not evaluate option prices unless there is a reasonable chance the options will be used. The Federal Acquisition Regulation (issued under sections 1121(b) and 1303(a)(1)) must allow contractor employees to telecommute, and solicitations may not bar or penalize offers that include telecommuting plans unless the contracting officer documents that telecommuting would prevent meeting agency needs, including security. Executive agency — meaning given in section 133 of this title.