BEST VALUE DECISION Clause Samples

BEST VALUE DECISION. The Government will select the best overall offer(s) by Market Segment based on a comparative assessment of the proposals against all source selection criteria: Technical, Past Performance, Small Business Participation Commitment and Price. This is a best value source selection acquisition conducted in accordance with the Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and DoD Source Selection Procedures. The contracts will be awarded to the Offerors who are deemed responsible in accordance with the FAR, whose proposals conform to the solicitation requirements (including all stated terms, conditions, representations, certifications, and all other information required by Section L of this solicitation), and is judged, based on the evaluation factors to represent the best value to the Government, considering both price and non-price factors. Following initial awards, a second analysis will be conducted to determine if capability and competition gaps exist within the small business and the various socio-economic groups. These gaps will be filled through awards using the Small Business Reserve. This may result in awards to lower scored or higher-priced Offerors where the decision is consistent with the evaluation factors and the Source Selection Authority (SSA) reasonably determines that the proposals represent the best value to the Government. While the Government source selection evaluation team and the SSA will strive for maximum objectivity, the source selection process, by its nature, is subjective and therefore professional judgment is implicit throughout the entire process.

Related to BEST VALUE DECISION

  • The Decision If mediation fails, or is not appropriate, and if the decision can be rendered after a short deliberation, the Arbitrator will do so. By meeting first with counsel to explain the framework of the Arbitrator’s decision, the parties are provided with an opportunity to influence the exact terms of resolution. Within the framework of settlement as outlined by the Arbitrator, the parties can work out exact terms which best suit the specifics of the case. Such an opportunity should not be wasted by continuing to argue the merits of the case.

  • Final Decision Concessionaire covenants that the decision of the Commissioner of Department, relative to the performance of the terms and conditions of this Agreement, shall be final and conclusive.

  • Good Faith Determination The Company shall from time to time make the good faith determination whether or not it is practicable for the Company to obtain and maintain a policy or policies of insurance with reputable insurance companies providing the officers and directors of the Company with coverage for losses incurred in connection with their services to the Company or to ensure the Company’s performance of its indemnification obligations under this Agreement.

  • Challenge to Good Faith Determination Whenever the Board of Directors of the Company shall be required to make a determination in good faith of the fair value of any item under this Section 4, such determination may be challenged in good faith by the Holder, and any dispute shall be resolved by an investment banking firm of recognized national standing selected by the Holder and reasonably acceptable to the Company.

  • Arbitration Decision The arbitrator’s decision will be final and binding. The arbitrator shall issue a written arbitration decision revealing the essential findings and conclusions upon which the decision and/or award is based. A party’s right to appeal the decision is limited to grounds provided under applicable federal or state law.