Section 30-2323. DISCUSSIONS WITH OFFERORS

 

2323.1The contracting officer shall conduct written or oral discussions with all offerors in the competitive range, except in the following circumstances:

 

(a) If prices are fixed by law or regulation; or

 

(b) If it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of the most favorable initial proposal without discussion would result in the lowest overall cost to the Agency at a fair and reasonable price.

 

2323.2If discussions are held with offerors, the contracting officer shall determine which proposals are in the competitive range, and shall conduct written or oral discussions with the offerors who submitted those proposals.

 

2323.3Among other areas of discussion, the contracting officer may enter into price negotiations with an offeror with the intent of agreeing on a fair and reasonable price.

 

2323.4The contracting officer shall not be required to reach agreement on every element of cost, and may make reasonable compromises if necessary and if compromise is in the best interests of the Agency.

 

2323.5If discussions are not held pursuant to § 2323.1(b), the following requirements shall be met:

 

(a) All offerors must have been notified of the possibility that an award might be made without discussion; and

 

(b) The award must be made without any written or oral discussion with any offeror.

 

2323.6The contracting officer shall ensure that, if discussions are held with any offeror within the competitive range, discussions are held with all offerors in the competitive range. The number and length of discussions held with each offeror may vary, depending on the need for clarification, the amount of progress made toward a satisfactory final proposal, and other factors affecting the need for discussion as determined by the contracting officer.

 

2323.7During discussion with offerors, the contracting officer shall do the following:

 

(a) Control all discussions;

 

(b) Advise the offeror of deficiencies in its proposal so that the offeror is given an opportunity to satisfy the requirements of the Agency;

 

(c) Attempt to resolve any uncertainties concerning the technical aspects of the proposal and other terms and conditions of the proposal;

 

(d) Resolve any suspected mistakes by calling them to the offeror's attention as specifically as possible without disclosing any information concerning other proposals submitted by other offerors or the evaluation process; and

 

(e) Provide the offeror a reasonable opportunity to submit any cost or price, technical, or other revisions to its proposal that may result from the discussions.

 

2323.8The contracting officer shall not assist an offeror to bring its proposal up to the level of other proposals through successive rounds of discussion, such as pointing out weaknesses resulting from the offeror's lack of diligence, competence, or inventiveness in preparing the proposal. The contracting officer shall not disclose technical information pertaining to any proposal that results in the improvement of a competing proposal.

 

2323.9The contracting officer shall not indicate to an offeror a cost or price it must meet to obtain further consideration, advise an offeror of its standing relative to another offeror, or otherwise furnish information about any other offeror's prices or terms.

 

source

Final Rulemaking published at 36 DCR 6681, 6753 (September 22, 1989).