Overview
FAR 15.503 establishes the requirements and timelines for Contracting Officers to notify unsuccessful offerors that they have been excluded from a competition or were not selected for a contract award. These notifications serve to provide transparency in the procurement process and, in the case of small business programs, provide a mechanism for challenging the size or status of the proposed awardee.
Key Rules
- Preaward Notices of Exclusion: Contracting officers must promptly notify offerors in writing when they are excluded from the competitive range, stating the basis for the decision and noting that proposal revisions will not be considered.
- Small Business Program Notices: For set-asides (SB, HUBZone, SDVOSB, WOSB), a preaward notice must be sent to all offerors identifying the "apparently successful offeror" to allow for size or status challenges before the contract is signed.
- Postaward Notification Timeline: Within three days of contract award, the government must notify all unsuccessful offerors who were in the competitive range but not previously notified.
- Required Postaward Content: Notifications must include the number of offerors/proposals, the awardee's identity, the total contract price (including unit prices if practicable), and a general reason why the offeror’s proposal was not selected.
- Confidentiality Protections: While providing reasons for rejection, the government is strictly prohibited from disclosing an offeror's trade secrets, cost breakdowns, profit margins, or other confidential manufacturing and business processes.
Practical Implications
- Size Protest Window: The preaward notice for small business programs is a critical document that triggers a specific five-day window for unsuccessful offerors to file a size status protest with the SBA.
- Debriefing Trigger: Receiving a postaward notice officially starts the clock for an unsuccessful offeror to request a formal debriefing, which must typically be submitted in writing within three days of receiving the notice.
- Public Disclosure: Offerors should be aware that their total contract price and unit prices will eventually become public information, though their proprietary technical approaches and internal cost structures remain protected.