Winning Best-Value Solutions (Trade-offs, LPTA & the new VATEP) for Pricing to Win Breakout Session #: A10 Dr. Michael Santens, CPCM & Fellow, PMP Date: Monday, July 25 Time: 11:15am-12:30pm Overview • • • • • Purpose Background Changes Best Value Continuum Value Adjusted Total Evaluated Price(VATEP) • Summary Background • Update to March 2011, DoD Source Selection Procedures, incorporates BBP 2.0 taskings – Better define value in “best value” competitions – When Lowest Price Technically Acceptable is used, define Technically Acceptable to ensure needed quality • Decision made to review entire SSP • Reviewed by the Services, DLA, DTRA, MDA, DAU, USD(AT&L), OGC and PEO/PM Focus Groups, etc. – Over 500 comments and recommendations received Purpose Provides the DoD procedures for conducting competitively negotiated source selections and outlines a common set of principles and procedures for conducting such acquisitions in accordance with applicable statutes and regulations Use of DoD Source Selection Procedures DoD Source Selection Procedures, 31 Mar 2016, are applicable to all acquisitions: • Conducted as part of a major system acquisition program • Competitively negotiated FAR 15 acquisition with an estimated value greater than $10M • FAR 12.6, Streamlined Procedures for Evaluation and Solicitation for Commercial Items over $10M, when FAR 15, source selection procedures, not FAR 13 SAP, are used Waivers: • • Over $1B require written permission from DPAP Below $1B approved by Senior Procurement Executive (SPE) Exceptions to DoD SSP Competitively negotiated procurements except those using: • FAR 8.4, Federal Supply Schedules; • FAR 12, Acquisition of Commercial Items if used in conjunction with FAR 13, Simplified Acquisition Procedures; • FAR 13, Simplified Acquisition Procedures; • FAR 14, Sealed Bidding; • FAR 16.505(b)(1) Orders under multiple award contracts – Fair Opportunity • FAR 35.016, Broad Agency Announcements • FAR 36.6, Architect-Engineer services; and • 15 USC, Section 638 – Small Business Innovative Research (SBIR), SB Technology Transfer Research and SB Technology Transfer Changes • Expands roles and responsibilities of SST • Adds roles of legal counsel, other advisors, Program Manager (PM) and Requirements Owner (RO) • Changes to evaluation rating tables • Adds evaluation tables for LPTA and Small Business ratings • Updates statutory and regulatory references • Updates and adds new definitions Source Selection Team Structure Best Value Continuum Best Value Continuum • SSP describes processes and techniques to design acquisition strategies suitable for: – – – – Lowest Price Technically Acceptable Subjective Tradeoff Value Adjusted Total Evaluated Price Combination of methods • Carefully consider and use the approach that is most appropriate for the acquisition Best Value Continuum Lowest Price Technically Acceptable • Use for commercial or non-complex supplies or services – – • Appropriate when: – – – • Best value is expected to result from selection of technically acceptable proposal with the lowest cost Gov’t would not place any value on supply or service exceeding the threshold/minimum requirement Requirements are well defined; Risk of unsuccessful performance is minimal and There is no value, need or willingness to pay for higher performance All factors other than Cost/price are evaluated on an “acceptable” or “unacceptable” basis LPTA Rating Charts Cost Risk and Contract Type Gvmt CPFF Greatest Risk to CPIF CPAF Uncertain technical requirements, labor and material costs indeterminable FPI(F) KTR FPAF Technical requirements defined, fair and reasonable prices determinable Technical Risk FFP New Procedures (4/1/16) and Δ (Changes) Applicable to all FAR Part 15 competitive acquisitions over $10 million (1.2, P 1) Applied to all FAR Part competitive acquisitions over the SAT Price only evaluations are subject to the new procedures (P 2 – no longer listed as an exception) Competitions with price as the only evaluated factor were exempted FAR 12.6 Streamlined procedures are exempt only if used in conjunction with FAR Part 13; NOT exempt if used in conjunction with Part FAR 15. (1.2.2, P 2) All acquisitions using FAR 12.6 were previously exempt from use of DoD Source Selection Procedures Waivers (approval to deviate from these All waivers, regardless of dollar value, procedures): Solicitations below $1 billion – Senior required approval of Director, DPAP. Procurement Executive (SPE) (Mr. Beebe) $1 billion or more – Director, DPAP (1.2.4, P 2) New Procedures (4/1/16) and Δ (Changes) Use of the new SSPs shall be considered for Orders under multiple award (Fair orders under multiple-award (Fair Opportunity) Opportunity) contracts were acquisitions greater than $10 million. (1.2.3, P 2) previously exempt. SSA for acquisitions over $100 million must be appointed by the Agency head (will likely be delegated to HCA) and shall be other than the KO. (1.2, P 1) Expands information on evaluation team members and responsibilities, e.g., technical team, cost/pricing team, small business team, and past performance team responsibilities are delineated. (PP 5-16) Competitive Range Determination Documentation is required to include the criteria used for determining the competitive range and an analysis explaining what will be discussed with each offeror. (3.5, P 32) No appointing authority specified. Over $100 million SSA shall be other than KO. No change to policies/procedures. Contents of CRDs not addressed. (Policy is researching alternatives to these additional documentation requirements.) New Procedures (4/1/16) and Δ (Changes) Technical Ratings (Table 2A, P 25) Technical Risk Ratings (Table 2B, P 25) Combined Tech/Risk Ratings (Table 3, P 26) Technical Acceptable/Unacceptable Ratings (Table C-1, P C-2) Small Business Ratings/Descriptions (P 30)* Source Selection Plans approved May 1 or later must reflect the new rating descriptions. You can add further elaborating information to basic rating definitions, but you cannot alter the basic definitions. Performance Confidence Assessment – SSA may determine that a rating of “Substantial Confidence” or “Satisfactory Confidence” is worth more than a “Neutral Confidence” (3.1.3.3, P 28) Previous guidance only referred to FAR 15.305 which states if past performance is not available, the offeror may not be evaluated favorably or unfavorably. Technical Ratings (Table 2A, P 25) Technical Risk Ratings (Table 2B, P 25) Combined Tech/Risk Ratings (Table 3, P 26) Technical Acceptable/Unacceptable Ratings (Table C-1, Page C-1) Small Business Ratings/Descriptions (P 30)* Source Selection Plans approved May 1 or later must reflect the new rating descriptions. You can add further elaborating information to basic rating definitions, but you cannot alter the basic definitions. New Procedures (4/1/16) and Δ (Changes) Not addressed previously. Beneficial aspects of the awardee's proposal (those that affected the evaluation in the awardee's favor) must be incorporated into the contract and the RFP must advise offerors of same. (3.12, P36) Value Adjusted Total Evaluated Price (VATEP) is a tradeoff source selection process that adjusts proposed prices to reflect the value placed on better performance (for evaluation purposes only). (Appendix B) This process is new and optional. Agencies are trying to implement these procedures and guidance. Subjective Tradeoff • Use for commercial or non-complex supplies or services – Best value is expected to result from selection of other than the lowest priced or other than the highest technically rated offeror – Gov’t place any value on supply or service exceeding the threshold/minimum requirement • Appropriate when: – Less well defined requirements, more developmental work; – Greater performance risk and – Technical or Past Performance considerations may play a more dominant role that cost/price • All evaluation factors and subfactors that will affect award will be rated using technical and risk rating tables Technical Rating Chart Changes Technical Rating Chart Changes Technical Rating Chart Changes Value Adjusted Total Evaluated Price (VATEP) • Monetizes different levels of performance corresponding to minimum (threshold) and maximum (objective) performance/capabilities for “valued requirements”; not extra credit for exceeding the maximum • RFP identifies percentage or dollar amounts assigned to valued requirements (downward adjustment) – – Enables offerors to determine if additional cost of offering better performance will put them in a better position in the source selection Provides SST the ability to assign a monetary value to the higher rated technical attributes, removing some of the subjectivity from the evaluation VATEP is a structured technique for objectivizing how some (or all) of the requirements would be treated in the tradeoff process Value Adjusted Total Evaluated Price (VATEP) Appropriate when: • Decision should consider operational benefits, risk and affordability • Requirement(s) have valued threshold and objective performance/capabilities • Government is willing to pay more for above minimum performance or capabilities • An affordability cap may be established VATEP Tradeoff Scenario 2 5 VATEP Example TEP = Total Evaluated Price TPP = Total Proposed Price Value Adjusted Total Evaluated Price (VATEP) • VATEP can be used in conjunction with any source selection process by combining: Objective criteria (Acceptable/Unacceptable); • Subjective criteria (color/adjectival ratings); and • Valued requirements with associated TEP adjustment • • • Adjustment for evaluation purposes only Contract awarded at final total proposed price RFP must clearly state how the factors will be evaluated The SSDD shall be an assessment of the proposals against all source selection criteria in the RFP Summary • Overall process unchanged • Clarified roles and procedures • Added VATEP to the BV continuum The only constant in DoD acquisition is change! Contact Information [email protected] (703) 805-3776 Dr. Michael Santens, CPCM &Fellow, PMP Defense Acquisition University Contract Management Department Capital And Northeast Campus Fort Belvoir, VA 2 9 Back up Slides VATEP Definitions • Affordability Caps – Approved cost constraints for MSAs determined by the resources a DoD component can allocate, which provides a threshold for procurement & sustainment costs that cannot be exceeded. For other procurements, this is the approved funding for a given acquisition • Excesses - elements of the proposal that have exceeded mandatory minimums (in ways that are not integral to the design) whose removal and corresponding price decrease may make an offeror's proposal more competitive • Objective - (or objective (maximum) as used in DoD SSP) the value of an attribute that is applicable when a higher level of performance delivers significant increased operational effect, or decreased operational risk, if it can be delivered below the affordability cap. The objective value is the desired operational goal that is achievable but may be at a higher risk in cost, schedule, and technology • Threshold - (or Threshold (minimum) as used in DoD SSP) the minimum acceptable value of an attribute that is considered achievable within the available cost, schedule, and technology at low-to-moderate risk. Performance below the threshold value is not operationally effective or suitable or may not provide an improvement over current capabilities
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