Overview
This section details the two-step sealed bidding process, which begins with a request for and evaluation of technical proposals without pricing (Step One) and concludes with a formal sealed bid competition limited to those with acceptable technical solutions (Step Two).
Key Rules
- Step One Requirements: The request for technical proposals must be synopsized and include evaluation criteria, but it must explicitly state that no pricing information is to be included.
- Proposal Categorization: Technical proposals must be categorized as "Acceptable," "Reasonably susceptible of being made acceptable," or "Unacceptable."
- Discussions and Clarifications: The Contracting Officer (CO) may conduct discussions or request additional information to make proposals acceptable, provided they do not disclose information from one offeror’s proposal to another.
- Step Two Eligibility: Only offerors whose technical proposals were determined to be acceptable in Step One are invited to submit sealed bids in Step Two.
- Publicity Restrictions: While Step One is synopsized publicly, the Step Two invitation for bids is not synopsized or publicly posted, as it is restricted to the qualified Step One participants.
- Transition to Negotiation: If Step One results in zero or only one acceptable proposal, the government may discontinue the sealed bidding process and proceed via negotiation.
Practical Implications
- This procedure allows the government to utilize the objective "lowest price" award criteria of sealed bidding while ensuring that all competing vendors have already passed a rigorous technical qualifying round.
- It places a high burden on offerors to submit thorough technical documentation upfront, as the government reserves the right to make an "unacceptable" determination without offering an opportunity for clarification.