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Regulations, laws and compliance

FAR Part 15 (Contracting by Negotiation)

FAR Part 15 stands for Contracting by Negotiation. FAR Part 15 covers negotiated contracts, usually bought through a Request for Proposals (RFP). The agency lists evaluation factors in the solicitation, such as technical approach, past performance, and price, and explains how they will be weighed.

The agency may award on lowest price technically acceptable (LPTA) or on a best value tradeoff, where it can pay more for a better offer. It can hold discussions with offerors in the competitive range and request revised proposals. Unsuccessful offerors can ask for a debriefing to learn why they lost.

Why it matters to a small contractor

In a Part 15 buy, the lowest price does not always win. Read Section M (the evaluation factors) first, then answer exactly what it asks, in the order it asks. Always request a debriefing after a loss, because it is free feedback on how to win the next one.

Example

A facilities maintenance RFP says technical approach is more important than price. A small firm writes a clear staffing plan and wins even though another offeror's price was 6 percent lower.

FAR Part 15: common questions

What is a competitive range?

It is the group of the most highly rated proposals that the agency decides to hold discussions with. Proposals outside it are eliminated.

How do I get a debriefing?

Ask in writing within the time the FAR sets after you are notified of the award or exclusion, usually a few days. Check the notice for the exact deadline.

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