23 C.F.R. Subpart D—Exchanges
Title 23 - Highways
Verbal or written information exchanges (such as in the first-phase of a two-phase selection procedure) must be consistent with State and/or local procurement integrity requirements. See §636.115(a) for additional details. Certain types of information exchange may be desirable at different points after the release of the RFP document. The following table summarizes the types of communications that will be discussed in this subpart. These communication methods are optional. (a) You may wish to clarify any aspect of proposals which would enhance your understanding of an offeror's proposal. This includes such information as an offeror's past performance or information regarding adverse past performance to which the offeror has not previously had an opportunity to respond. Clarification exchanges are discretionary. They do not have to be held with any specific number of offerors and do not have to address specific issues. (b) You may wish to clarify and revise the RFP document through an addenda process in response to questions from potential offerors. If the solicitation notifies offerors that the competitive range can be limited for purposes of efficiency, you may limit the number of proposals to the greatest number that will permit an efficient competition. However, you must provide written notice to any offeror whose proposal is no longer considered to be included in the competitive range. Offerors excluded or otherwise eliminated from the competitive range may request a debriefing. Debriefings may be conducted in accordance with your procedures as long as you comply with §636.514. Yes, if you have developed a short list of firms, you may still establish a competitive range. The short list is based on qualifications criteria. The competitive range is based on the rating of technical and price proposals. Yes, prior to establishing the competitive range, you may conduct communications to: (a) Enhance your understanding of proposals; (b) Allow reasonable interpretation of the proposal; or (c) Facilitate your evaluation process. Yes, if you establish a competitive range, you must do the following: (a) Hold communications with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range; (b) Address adverse past performance information to which an offeror has not had a prior opportunity to respond; and (c) Hold communications only with those offerors whose exclusion from, or inclusion in, the competitive range is uncertain. (a) No, communications must not be used to: (1) Cure proposal deficiencies or material omissions; (2) Materially alter the technical or cost elements of the proposal; and/or (3) Otherwise revise the proposal. (b) Communications may be considered in rating proposals for the purpose of establishing the competitive range. (a) No, communications shall not provide an opportunity for an offeror to revise its proposal, but may address the following: (1) Ambiguities in the proposal or other concerns (e.g., perceived deficiencies, weaknesses, errors, omissions, or mistakes); and (2) Information relating to relevant past performance. (b) Communications must address adverse past performance information to which the offeror has not previously had an opportunity to comment.
Title 23: Highways
PART 636—DESIGN-BUILD CONTRACTING
Subpart D—Exchanges
§ 636.401 What types of information exchange may take place prior to the release of the RFP document?
§ 636.402 What types of information exchange may take place after the release of the RFP document?
---------------------------------------------------------------------------------------------------------------- Type of information exchange When Purpose Parties involved----------------------------------------------------------------------------------------------------------------(a) Clarifications................... After receipt of Used when award without Any offeror whose proposals. discussions is proposal is not clear contemplated. Used to to the contracting clarify certain agency. aspects of a proposal (resolve minor errors, clerical errors, obtain additional past performance information, etc.).(b) Communications................... After receipt of Used to address issues Only those offerors proposals, prior to which might prevent a whose exclusion from, the establishment of proposal from being or inclusion in, the the competitive range. placed in the competitive range is competitive range. uncertain. All offerors whose past performance information is the determining factor preventing them from being placed in the competitive range.(c) Discussions (see Subpart E of After receipt of Enhance contracting Must be held with all this part). proposals and after agency understanding offerors in the the determination of of proposals and competitive range. the competitive range. offerors understanding of scope of work. Facilitate the evaluation process.----------------------------------------------------------------------------------------------------------------
§ 636.403 What information may be exchanged with a clarification?
§ 636.404 Can a competitive range be used to limit competition?
§ 636.405 After developing a short list, can I still establish a competitive range?
§ 636.406 Are communications allowed prior to establishing the competitive range?
§ 636.407 Am I limited in holding communications with certain firms?
§ 636.408 Can communications be used to cure proposal deficiencies?
§ 636.409 Can offerors revise their proposals during communications?
