Can a draft RFP be released prior to Milestone B Approval? What statute, policy, or memorandum authorizes this?
Yes, you may release a draft Request for Proposal (RFP) before MS B approval subject to local command and contracting agency policies.
According to FAR Subpart 15.2
, the release of a draft RFP is a recommended technique to promote early exchanges of information and communicate government needs to industry. All federal business opportunities are posted to https://www.fbo.gov
including draft RFPs. In the case of draft RFPs, contracting agencies will clearly identify that the draft RFP is for comments only, e.g., “This draft RFP is being provided to industry for receipt of industry comments only. This is NOT a Request for Proposal (RFP) at this time.”
It is important to note that according to the Interim DoDI 5000.02, the Development RFP Release Decision (DRFPRD) “…is the point at which planning for development is complete and a decision can be made to release a [final] RFP for development (and possibly initial production) to industry. This review is the critical decision point in an acquisition program. The purpose of the DRFPRD is to ensure, prior to the release of the [final] solicitation for EMD, that an executable and affordable program has been planned using a sound business and technical approach. “Therefore, prior to release of the final RFP(s), there needs to be confidence that the program requirements to be bid against are firm and clearly stated; the risk of committing to development and presumably production has been or will be adequately reduced prior to contract award and/or option exercise; the program structure, content, schedule, and funding are
executable; and the business approach and incentives are structured to both provide maximum value to the government and treat industry fairly and reasonably.” The DRFPRD is approved by the milestone decision authority and documented in an acquisition decision memorandum.
It is recommended that you consult your local contracting officer, agency for further guidance prior to release of the draft RFP.