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Competitive Negotiation

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Competitive Negotiation (Source Selection) Under FAR Part 15 Contract law seeks to ensure that negotiations are done in an open and impartial manner to allow aggrieved parties an opportunity to protest the allocation of bids by appealing to the US General Accountability Agency (Manuel and Schwartz 6). Though such protests are usually rare, the aforementioned body has heard numerous cases in its wake (Gordon 11). For example, in 1999, the Department of Commerce procured the bid to award government acquisition contracts for a specific program identified as Commerce Information Technology Solutions (COMMITS). Subsequently, this procurement was subject to a protest based on three evaluation considerations: price, team composition, and past performance. Apparently, all competitors for the bid were required to provide information revealing their management of past performance for similar contracts. Ultimately, each of the rival bidders was supposed to make one-hour oral presentations detailing the techniques and procedures used in previous works.
With over 200 bids, the agency shortlisted the proposals by eliminating some of the contestants based on competitiveness. Following the decision to award the bid to the Department of Commerce, Kathpal and Computer & Hi-Tech Management protested the procurement based on the fact that the company was not given an opportunity to make oral presentations in line with the terms provided by the RPF (Edwards). The US General Accounting Office (GAO) would later sustain Kathpal’s protest on the grounds that the government did not allow all competitors to make their oral presentations in line with the stipulated guidelines, and that the RPF did not assess price as per the requirement of every selection. Similarly, the GAO found that the agency ought to have amended the acquisition criteria to include

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