MP5315.306 -- Exchanges with Offerors after Receipt of Proposals
5.6. Exchanges
5.6.1. The Source Selection Authority shall --
5.6.1.1. Review all necessary information prior to entering discussions to determine if award without discussions is appropriate. IG 5.6.1.1
5.6.1.2. Establish the competitive range, approve entering discussions, and approve the release of evaluation notices (EN). Other types of ENs (Clarification and Communication) can be released prior to defining a competitive range. IG 5.6.1.2 The Source Selection Authority may designate the Contracting Officer as the approval authority for release of evaluation notices by so stating in the Source Selection Plan.
5.6.2. The Source Selection Evaluation Team shall evaluate all proposals, prepare evaluation notices and, if discussions are to be conducted, recommend through the contracting officer whether any offeror should be eliminated from the competitive range. The Source Selection Evaluation Team shall prepare the competitive range briefing IG 5.6.2R1, if required; the charts may be used to document the evaluation and competitive range determination. IG 5.6.2R2
5.6.2.1. If adverse past performance information IG 5.6.2.1R1, to which the contractor has had no opportunity to respond, is the reason an offeror may not receive an award without discussions or be excluded from the competitive range, the offeror must be provided an opportunity to address the information. This exchange occurs through the issuance of a "Clarification" or "Communications" evaluation notice (EN) IG 5.6.2.1R2. Do not provide names of individuals providing information about a contractor's past performance.
5.6.3. The Source Selection Evaluation Team Chairperson shall --
5.6.3.1. Review Evaluation Notices and recommend Source Selection Authority approve their release through the contracting officer; and
5.6.3.2. Ensure that the team membership remains consistent for all discussions with offerors.
5.6.4. The contracting officer shall --
5.6.4.1. After receipt of proposals, control exchanges with offerors in accordance with FAR 15.306. All exchanges with offerors after receipt of proposals shall clearly identify the type of exchange (i.e., clarifications, communications, or discussions). Any exchange addressing a proposal deficiency shall clearly indicate that a deficiency exists.
5.6.4.2. If awarding without discussions, the contracting officer shall obtain contract clearance approval prior to contract award.
5.6.5. Discussions. IG 5.6.5R1 The primary objective of discussions is to maximize the Government's ability to obtain best value, based on the requirement and the evaluation factors set forth in the solicitation. As a minimum, at the initiation of and again at the conclusion of discussions, the Source Selection Evaluation Team through the contracting officer shall indicate to, or discuss with, each offeror in the competitive range the following: (a) any adverse past performance information to which the offeror has not yet had an opportunity to respond, (b) uncertainties, and (c) weaknesses, (d) any deficiencies that have been identified during the evaluation, (e) strengths. This should be accomplished by providing the offeror its own mission capability, cost/price risk (if applicable), and Past Performance ratings. The final disclosure of ratings to the offeror prior to requesting final proposal revisions shall reflect the results of discussions with the offeror. IG 5.6.5R2
5.6.5.1 When the evaluation will include a cost/price risk evaluation (see 5.5.4 above), the Source Selection Evaluation Team through the contracting officer shall indicate to, or discuss with, each offeror in the competitive range differences between the offeror's proposed costs or prices and the government most probable cost for the same items with the goal of understanding these differences to the maximum extent possible. Discussions shall also include the uncertainty analysis methods and results. Conduct these discussions promptly so that each offeror has ample time to understand the government's cost differences so that the offeror may adjust their cost or price proposal accordingly before or with submission of Final Proposal Revision. After developing an MPC for each offeror, the government shall analyze the differences between the offeror's proposed price and the government generated MPC for that offeror. After analyzing these differences, the SSET shall assign a Cost/Price Risk rating to each offeror, as defined in Table 4 above.
5.6.5.2 For Oral Presentations, consideration should be given to declaring a competitive range and entering into discussions with offerors during the presentation of oral proposals. Successive competitive range determinations can be made after the initial presentations, if required. IG 5.6.5.2 See IG5315.102, Oral Presentations, for assistance in using Oral Presentations.
5.6.6. Final Proposal Revision and Evaluation. IG 5.6.6R1 The contracting officer shall obtain contract clearance approval in accordance with AFFARS 5301.9000. The Source Selection Authority shall then review all material and approve release of the Final Proposal Revision Request. The Source Selection Evaluation Team shall complete the proposal evaluation, incorporating the information provided through discussions and in the Final Proposal Revisions. The evaluation criteria from Section M or equivalent provisions of the solicitation shall continue to be the basis for evaluation.. IG 5.6.6R2