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 both cases, the specifications must be sufficiently detailed to ensure
installation quality control, and the supervision of installation and test
must be performed by qualified technical personnel.
3.5.6.2 Security System Acquisition. The Federal Acquisition Regulations
require agencies to solicit offers, establish terms and conditions, and
select contractors using two principal methods: formal advertising and
negotiation.
3.5.6.2.1 Formal Advertising. This consists of preparation and publication
of an invitation for bids (IFB), submission of bids by prospective
contractors, and award of a contract. Specifications in invitations for
bids must be sufficiently detailed and descriptive to permit full and free
competition. Advertising presumes a specification that dictates a common
base-line of technical features and contract terms. This obviates the need
for discussions with competitors about their bids and provides an objective
means for distinguishing among capable competitors on the basis of price.
Since price is the criterion for selection, advertising also assumes the
Government's design is adequate and comprehensive, and the specifications
developed during the design phases are accurate enough to permit bidders to
cost and provide the products and services within budgeted limitations.
Military and civilian statutes provide that formal advertising is the
preferred method of procurement. There are, however, 17 statutory
exceptions to the advertising preference in military procurement, several of
which are conceivably applicable to the implementation of sensitive security
system installations.
3.5.6.2.2 Negotiation. If the formal advertising method of procurement is
not feasible and practicable, procurement may be negotiated. Offers still
must be solicited from the maximum number of qualified sources. The single
element distinguishing negotiation from advertising is the subjective
judgment which weighs quality and other factors against price. If the
detailed design process described throughout the prior phases is followed,
the result will be sufficient for procurement action via formal advertising.
The decision regarding negotiation tends to turn upon the presence of
qualitative versus price-only determinations and/or the existence of one or
more of the statutory exceptions authorizing negotiation.
3.5.6.2.3 Qualitative Versus Price Factors in Contractor Selection.
Recognizing that price will determine selection in the formally advertised
IFB process, it is critical that qualitative elements be incorporated within
the bid request documentation. Within limits established by the
Government's Contracting Officer, these should include the following
criteria: (1) personnel/facility clearances in accordance with DoD security
requirements, (2) technically qualified corporate and staff experience with
technologies proposed, (3) experience in installations of similar size and
complexity, (4) logistic capability to meet timetables and performance
requirements.
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