§3306 Planning and Solicitation Requirements

Summary

Federal agencies must plan purchases so they get full and open competition. They must say what they need, do market research, and write clear specifications that let different suppliers compete. Specifications should only limit competition when truly needed. Specs can focus on what something must do (function), how well it must work (performance), or exact design. When a government office asks for sealed bids or competitive proposals, it must list the main factors it will use to pick a winner and say how important each factor is. For sealed bids, the notice must say bids will be opened at a set time and place and will be judged without discussions. For proposals, the notice must say whether the agency expects to hold discussions with offerors and must give the submission deadline and place. Agencies must include quality and other technical factors and normally must consider cost or price. They must tell offerors whether the nonprice factors together are more important than, about equal to, or less important than price. Rules may not fix one numerical weight for “significantly more” or “significantly less.” An exception applies for certain multiple-award or federal supply schedule contracts for hourly services under sections 4103, 4106, 152(3), and 501(b): price need not be used to pick contract winners, but price must be considered when ordering specific tasks. A “qualifying offeror” means a responsible source that meets the solicitation, technical needs, and is eligible. Agencies may give extra details, such as numeric weights, or say they will choose the lowest-cost offer that meets mandatory needs. For sealed bids, options to buy more can be evaluated only if there is a reasonable chance the options will be used. The Federal Acquisition Regulation must allow contractor employees to telecommute, and a telecommuting plan cannot make an offeror ineligible or lower its score unless the contracting officer first writes that telecommuting would prevent meeting agency needs, including security.