Overview
FAR 15.201 encourages early, transparent, and frequent communication between the Government and industry to improve the quality of requirements and the efficiency of the procurement process. It establishes the ground rules for these exchanges to ensure they enhance competition and provide value while maintaining procurement integrity.
Key Rules
- Encouragement of Early Exchange: Communication is encouraged from the earliest identification of a requirement through the receipt of proposals to resolve concerns regarding acquisition strategy, feasibility, and evaluation criteria.
- Procurement Integrity: All exchanges must comply with FAR 3.104 requirements; once a solicitation is released, the Contracting Officer becomes the sole focal point for communications.
- Equal Access to Information: If specific information necessary for proposal preparation is disclosed to one potential offeror, it must be made available to the public as soon as practicable to prevent unfair competitive advantage.
- Protection of Proprietary Data: The Government must not disclose a potential offeror's confidential business strategy or proprietary information to competitors during these exchanges.
- Nature of RFIs: Requests for Information (RFIs) are used for planning purposes only; responses are not considered offers and cannot be accepted by the Government to form a binding contract.
- Authorized Techniques: Approved methods for exchange include industry days, one-on-one meetings, draft RFPs, site visits, and pre-proposal conferences.
Practical Implications
- Contractors should actively participate in RFIs and industry days to influence the Government's acquisition strategy and ensure requirements do not inadvertently exclude their capabilities.
- The Government must strike a careful balance between being transparent with the entire "interested party" pool and protecting the intellectual property or unique approaches shared by individual companies during one-on-one sessions.