---
kind: "section"
citation: "23 C.F.R. § 636.211"
title: "23"
number: "636.211"
heading: "When and how should tradeoffs be used?"
url: "https://uscodex.org/cfr/23/636.211"
---

# §636.211. When and how should tradeoffs be used?

- (a) At your discretion, you may consider the tradeoff technique when it is desirable to award to other than the lowest priced offeror or other than the highest technically rated offeror.
- (b) If you use a tradeoff technique, the following apply:
  - (1) All evaluation factors and significant subfactors that will affect contract award and their relative importance must be clearly stated in the solicitation; and
  - (2) The solicitation must also state, at a minimum, whether all evaluation factors other than cost or price, when combined, are—
    - (i) Significantly more important than cost or price; or
    - (ii) Approximately equal to cost or price; or
    - (iii) **Significantly less important than cost or price.**

## Notes

### Amendments

[67 FR 75926, Dec. 10, 2002; 68 FR 7922, Feb. 19, 2003]

### Authority

Authority: Sec. 1503 of Pub. L. 109-59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b).

### Source

Source: 67 FR 75926, Dec. 10, 2002, unless otherwise noted.

### Amendments

[67 FR 75926, Dec. 10, 2002; 68 FR 7922, Feb. 19, 2003]