Construction contractors, of course, still remember the days of sealed bidding where the lowest bidder received the award and they are not very receptive to hearing about a subjective technical evaluation that results in an award to a higher priced proposal. According to FAR The key provision, found in FAR This is where, in my opinion, the government frequently falls short.
Unfortunately, many of the so-called pricetechnical tradeoff analyses that I have seen fall short of amounting to a rational explanation.
The Tradeoff Process in Best Value Procurement | Federal Construction Contracting Blog
The U. Court of Federal Claims has held that price cannot be ignored simply because it is to be given less weight than the technical factors, and the Court has also stated an evaluation that fails to give price its due consideration is inconsistent with the Competition in Contracting Act and cannot serve as a reasonable basis for an award. Research In Progress RiP.
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