Not using FAR Subpart 15.3 concepts and procedures has the following implications
for your task order selection process:
There is no requirement to follow the FAR 15.305 requirement to “evaluate
competitive proposals and then assess their relative qualities.” In other words,
your evaluation system can immediately compare (and remember, we don’t say
“compete” because the Competition in Contracting Act (CICA) requirements have already been met) one quote to
another in order to determine the rank ordering for selection.
You are not bound by the rules in FAR Subpart 15.3 for evaluating past
performance, such as the requirement to provide a neutral rating to a
quote without any past performance. Further, if you choose not to use past
performance as an evaluation factor, there is no requirement to document the
file with your rationale.
There is no requirement to capture “the relative strengths, deficiencies,
significant weaknesses, and risks supporting proposal evaluation” as required
in FAR 15.305. This means your evaluation system can be very streamlined.
There is no requirement to set a competitive range using all the published
evaluation factors. This means that you can save yourself and the Schedule
contractor considerable time and money by phasing your procurement in a
manner that uses the least costly factors to initially down-select the quoters.
Since a competitive range is not established, there is no need to be overly
focused on the nature of exchanges with the quoter. You can engage in detailed
exchanges about any aspect of a quote at any time. Naturally, you should make
every effort to treat each quoter equitably. You must not be biased, arbitrary, or
capricious and your decisions must be adequately (but not overly) documented.
NUTS AND BOLTS TIP
If an agency issues a Schedule order using FAR Part 15
terminology and procedures, protest review authorities, such
as the GAO and the courts, may sustain a protest against the
order using FAR Part 15 procedures.