Overview
FAR 15.306 defines the types of permitted interactions between the Government and offerors after proposal submission, categorized as clarifications, communications, or discussions. It establishes the legal framework for establishing a competitive range and sets strict limits on these exchanges to ensure fairness and protect proprietary information.
Key Rules
- Clarifications (15.306(a)): Limited exchanges used when the Government intends to award without discussions; they are restricted to resolving minor clerical errors or clarifying past performance information.
- Communications (15.306(b)): Conducted prior to establishing the competitive range to resolve uncertainties about a proposal's inclusion; they cannot be used to cure material deficiencies or allow offerors to revise their proposals.
- Competitive Range (15.306(c)): Formed from the most highly rated proposals based on solicitation criteria; the Contracting Officer may limit the number of firms in this range for the sake of "efficiency" if the solicitation permits.
- Discussions/Negotiations (15.306(d)): Formal exchanges held after the competitive range is established with the intent of allowing proposal revisions; the Government must discuss deficiencies and significant weaknesses with every offeror in the range.
- Prohibited Conduct (15.306(e)): Government personnel are strictly forbidden from favoring one offeror over another, revealing proprietary technology/intellectual property, or disclosing a competitor's price (except in specific reverse auction or price-analysis scenarios).
Practical Implications
- Offerors must submit their best technical and price terms in the initial proposal, as the Government reserves the right to make an award without any discussions or clarifications.
- The distinction between "clarifications" and "discussions" is a frequent source of bid protests; if the Government allows one offeror to materially change its proposal, it must typically open formal discussions with all offerors in the competitive range.
- Being "technically acceptable" does not guarantee a spot in the competitive range, as the Government can exclude qualified offerors to maintain an efficient number of competitors.