SUBPART 215.3--SOURCE SELECTION
(Revised June 29, 2012)
215.300 Scope of subpart.
215.303 Responsibilities.
215.304 Evaluation factors and significant
subfactors.
215.305 Proposal evaluation.
215.306 Exchanges with offerors after receipt of proposals.
215.370 Evaluation factor for employing or
subcontracting with members of the Selected Reserve.
215.370-1 Definition.
215.370-2 Evaluation factor.
215.370-3 Solicitation provision and contract clause.
215.371 Only one offer.
215.371-1 Policy.
215.371-2 Promote competition.
215.371-3 Fair and reasonable price.
215.371-4 Exceptions.
215.371-5 Waiver.
215.300 Scope of subpart
Contracting officers shall follow the principles and procedures in Director, Defense Procurement and Acquisition Policy memorandum dated March 4, 2011, Department of Defense Source Selection Procedures, when conducting negotiated, competitive acquisitions utilizing FAR part 15 procedures.
215.303 Responsibilities.
(b)(2) For high-dollar value and other acquisitions, as prescribed by agency procedures, the source selection authority shall approve a source selection plan before the solicitation is issued. Follow the procedures at PGI 215.303(b)(2) (DFARS/PGI view) for preparation of the source selection plan.
215.304 Evaluation factors and significant
subfactors.
(c)(i) In acquisitions that require use of the clause at FAR 52.219-9, Small Business Subcontracting Plan, other than those based on the lowest price technically acceptable source selection process (see FAR 15.101-2), the extent of participation of small businesses and historically black colleges or universities and minority institutions in performance of the contract shall be addressed in source selection. The contracting officer shall evaluate the extent to which offerors identify and commit to small business and historically black college or university and minority institution performance of the contract, whether as a joint venture, teaming arrangement, or subcontractor.
(A) See PGI 215.304(c)(i)(A) (DFARS/PGI view) for examples of evaluation factors.
(B) Proposals addressing the extent of small business and historically black college or university and minority institution performance may be separate from subcontracting plans submitted pursuant to the clause at FAR 52.219-9 and should be structured to allow for consideration of offers from small businesses.
(C) When an evaluation assesses the extent that small businesses and historically black colleges or universities and minority institutions are specifically identified in proposals, the small businesses and historically black colleges or universities and minority institutions considered in the evaluation shall be listed in any subcontracting plan submitted pursuant to FAR 52.219-9 to facilitate compliance with 252.219-7003(g).
(ii) In accordance with 10 U.S.C. 2436, consider
the purchase of capital assets (including machine tools) manufactured in the
(iii) See 247.573-2(c)
for additional evaluation factors required in solicitations for the direct
purchase of ocean transportation services.
(iv) In accordance with section 812 of the National Defense Authorization Act for Fiscal Year 2011, consider the manufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors as a part of the source selection process for major defense acquisition programs.
See DoD Class Deviation 2012-O0017, Past Performance Reporting Thresholds, issued on September 13, 2012. This deviation is in effect until incorporated into the DFARS or otherwise rescinded.
215.305 Proposal evaluation.
(a)(2) Past performance evaluation. When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219-8, Utilization of Small Business Concerns, the evaluation factors shall include the past performance of offerors in complying with requirements of that clause. When a past performance evaluation is required by FAR 15.304, and the solicitation includes the clause at FAR 52.219-9, Small Business Subcontracting Plan, the evaluation factors shall include the past performance of offerors in complying with requirements of that clause.
215.306 Exchanges with offerors after receipt of proposals.
(c) Competitive range.
(1) For acquisitions with an estimated value of $100 million or more, contracting officers should conduct discussions. Follow the procedures at FAR 15.306 (c) and (d).
215.370 Evaluation factor for employing or
subcontracting with members of the Selected Reserve.
215.370-1 Definition.
“Selected Reserve,” as used in this
section, is defined in the provision at 252.215-7005, Evaluation Factor for
Employing or Subcontracting with Members of the Selected Reserve.
215.370-2 Evaluation factor.
In
accordance with Section 819 of the National Defense Authorization Act for
Fiscal Year 2006 (Pub. L. 109-163), the contracting officer may use an
evaluation factor that considers whether an offeror intends to perform the
contract using employees or individual subcontractors who are members of the
Selected Reserve. See PGI 215.370-2 (DFARS/PGI view) for
guidance on use of this evaluation factor.
215.370-3 Solicitation provision and contract clause.
(a) Use the provision at 252.215-7005, Evaluation
Factor for Employing or Subcontracting with Members of the Selected Reserve, in
solicitations that include an evaluation factor considering whether an offeror
intends to perform the contract using employees or individual subcontractors
who are members of the Selected Reserve.
(b) Use the clause at 252.215-7006, Use of
Employees or Individual Subcontractors Who are Members of the Selected Reserve,
in solicitations that include the provision at 252.215-7005. Include the clause in the resultant contract
only if the contractor stated in its proposal that it intends to perform the
contract using employees or individual subcontractors who are members of the
Selected Reserve, and that statement was used as an evaluation factor in the
award decision.
215.371 Only one offer.
215.371-1 Policy.
It is DoD policy, if only one offer is received in response to a competitive solicitation—
(a) To take the required actions to promote competition (see 215.371-2); and
(b) To ensure that the price is fair and reasonable (see 215.371-3) and to comply with the statutory requirement for certified cost or pricing data (see FAR 15.403-4).
215.371-2 Promote competition.
Except as provided in sections 215.371-4 and 215.371-5, if only one offer is received when competitive procedures were used and the solicitation allowed fewer than 30 days for receipt of proposals, the contracting officer shall—
(a) Consult with the requiring activity as to whether the requirements document should be revised in order to promote more competition (see FAR 6.502(b) and 11.002); and
(b) Resolicit, allowing an additional period of at least 30 days for receipt of proposals.
215.371-3 Fair and reasonable price.
(a) If there was “reasonable expectation …that two or more offerors, competing independently, would submit priced offers” but only one offer is received, this circumstance does not constitute adequate price competition unless an official at one level above the contracting officer approves the determination that the price is reasonable (see FAR 15.403-1(c)(1)(ii)).
(b) Except as provided in section 215.371-4(a), if only one offer is received when competitive procedures were used and the solicitation allowed at least 30 days for receipt of proposals (unless the 30-day requirement is not applicable in accordance with 215.371-4(b) or has been waived in accordance with section 215.371-5), the contracting officer shall—
(1) Determine through cost or price analysis that the offered price is fair and reasonable and that adequate price competition exists (with approval of the determination at one level above the contracting officer) or another exception to the requirement for certified cost or pricing data applies (see FAR 15.403-1(c) and 15.403-4). In these circumstances, no further cost or pricing data is required; or
(2)(i) Obtain from the offeror cost or pricing data necessary to determine a fair and reasonable price and comply with the requirement for certified cost or pricing data at FAR 15.403-4, in accordance with FAR provision 52.215-20. For acquisitions that exceed the cost or pricing data threshold, if no exception at FAR 15.403-1(c) applies, the cost or pricing data shall be certified; and
(ii) Enter into negotiations with the offeror as necessary to establish a fair and reasonable price. The negotiated price should not exceed the offered price.
215.371-4 Exceptions.
(a)(1) The requirements at sections 215.371-2 and 215.371-3 do not apply to acquisitions—
(i) At or below the simplified acquisition threshold;
(ii) In support of contingency, humanitarian or peacekeeping operations, or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack; or
(iii) Of basic or applied research or development, as specified in FAR 35.016(a), that use a broad agency announcement.
(2) The applicability of an exception in paragraph (a)(1) of this section does not eliminate the need for the contracting officer to seek maximum practicable competition and to ensure that the price is fair and reasonable.
(b)(1) The requirements at section 215.371-2 do not apply to small business set-asides under FAR subpart 19.5 or set-asides under the HUBZone Program (see FAR 19.1305(c)), the Service-Disabled Veteran-Owned Small Business Procurement Program (see FAR 19.1405(c)), or the Woman-Owned Small Business Program (see FAR 19.1505(d)).
(2) The requirements at section 215.371-3 do apply to such set-asides.
215.371-5 Waiver.
(a) The head of the contracting activity is authorized to waive the requirement at 215.371-2 to resolicit for an additional period of at least 30 days.
(b) This waiver authority cannot be delegated below one level above the contracting officer.