List the value factors and whether price is the only factor
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- From the solicitation, copy each stated evaluation factor and significant subfactor, any statement of their relative importance to price, and any non-price factor the file says will be scored. Do not score offers and do not decide that the award is the best value.
- What the lawyer must review
- The lawyer decides which rule belongs to the buyer. In a federal negotiated tradeoff, FAR 15.101-1 says the process is appropriate when it may be in the Government's interest to award to other than the lowest priced or other than the highest technically rated offeror. The solicitation shall state every evaluation factor and significant subfactor that will affect award, their relative importance, and whether all factors other than cost or price, combined, are significantly more important than, approximately equal to, or significantly less important than cost or price. A higher price must be justified by the perceived benefits, and the tradeoff rationale must be documented in the file. For a Texas state agency purchase under Government Code chapter 2155, section 2155.074 says the agency shall purchase the goods or services that provide the best value for the state. Price and meeting specifications are the principal considerations and must be balanced with other relevant factors. Those factors may include the vendor's anticipated economic impact to the state or a subdivision, including potential tax revenue and employment. On a competitive bid over $100,000, the agency shall consult the comptroller and obtain approval before it considers factors other than price and meeting specifications. Section 2155.075 requires the request for bids or proposals to specify the non-price factors that will be considered.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Do not begin AI assistance until the responsible lawyer has defined and confirmed its permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Open each relied-on authority independently. Confirm its existence, current status, proposition and any quotation or pinpoint reference.
- Trace every relied-on figure to its source, confirm dates and assumptions, and independently recalculate totals or derived amounts.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.