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    My interpretation of FAR 9.405(d), however, is not in line with our policy section. I believe that the regulation's intent is that all proposals be reviewed for EPLS at receipt of proposal and prior to award. Then, I believe the intent is for quotes to be reviewed for EPLS prior to evaluations and prior to award. Is there any other clarifying/supplemental information, as FAR 9.405(d) precludes quotes in the first paragraph (1) and then includes them in the third (3)?


    Answer

    I am not aware of any clarifying guidance, though there probably is some at local levels. In fact, your Policy Section in effect has provided you with clarifying guidance, which apparently you don't agree with. However, whether quotations are reviewed "at receipt" or "prior to evaluations" does not appear to affect the intent of the regulation. While it's true that quotations are not mentioned in FAR 9.405(d)(1) but are included in (d)(3), the effect is the same— Regardless of the specific procedure, contracting officers should not consider or evaluate bids, quotes, or proposals if they are from offerors on the EPLS. Then, prior to signing the award document, the contracting officer should make one last check of the EPLS just in case the expected awardee's name appears on the list at the last minute.

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