5.8  Exchanges With Offerors After Receipt of Proposals.

Conduct exchanges with offerors after receipt of proposals in accordance with the FAR 15.306 and MP5315.3, paragraph 5.6.  The three ways to talk to the offerors after receipt of the proposals are clarifications, communications, or discussions.

a.  Clarifications are limited exchanges, between the Government and offerors, that may occur when award without discussions is contemplated.  

If award will be made without conducting discussions, an offeror may be given the opportunity to clarify certain aspects of the proposal (e.g., the relevance of an offeror's past performance information and adverse past performance information to which the offeror has not previously had an opportunity to respond) or to resolve minor or clerical errors (FAR 15.306(a)).  If adverse past performance information, to which the offeror has had no opportunity to respond, is the reason an offeror may not receive an award without discussions, the offeror must be provided an opportunity to address the information (MP5315.3, paragraph 5.6.2.1).

b.  Communications are exchanges, between the Government and offerors, after receipt of proposals, leading to establishment of the competitive range.  

Communications are LIMITED to the offerors (1) whose past performance information is the determining factor preventing them from being placed in the competitive range; and (2) whose exclusion from, or inclusion in, the competitive range is uncertain.  

The purpose of communications is to enhance the Government's understanding of proposals; allow reasonable interpretation of the proposal; or facilitate the Government's evaluation process.  Proposals cannot be revised (FAR 15.306(b)).

c.  Discussions are exchanges with offerors after establishment of the competitive range.

Discussions are negotiations conducted in a competitive acquisition with the intent of allowing the offeror to revise the proposal.  Tailor discussions to each offeror's proposal.  Discussions shall be conducted with each offeror within the competitive range.

d.  Personnel involved in the acquisition shall not engage in the following conduct:

(1)  Favor one offeror over another;

(2)  Reveal an offeror's technical solution, including unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror's intellectual property to another offeror.

(3)  Reveal an offerors price without that offeror's permission.  However, the contracting officer may inform an offeror that its price is considered by the Government to be too high, or too low, and reveal the results of the analysis supporting that conclusion.  It is also permissible, at the Government's discretion, to indicate to all offerors the cost or price that the Government's price analysis, market research, and other reviews have identified as reasonable.

(4)  Reveal the names of individuals providing reference information about an offeror's past performance; or

(5)  Knowingly furnish source selection information.

e.  The AFFARS definition of Evaluation Notice (EN) in MP5315.3 states "ENs are written exchanges with offerors for purposes of clarifications, communications, or discussions."  ENs which result from deficiencies in the offeror's proposal must be clearly identified to the offeror as deficiencies.  Since the three ways to talk to the offerors after receipt of the proposals are clarifications, communication, or discussions and ENs are used for those exchanges; no exchange shall take place between the PCAG and the offeror without written ENs, SSA approval, and participation of the contracting officer.