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  • Question

    FAR 16.505(b)(1)(ii) states that FAR 15.3 doesn't apply. Does this mean under Ordering of Indefinite Quantity Contracts that we can enter discussions with a contractor, but we don't have to follow the formal procedures outlined in Part 15? For example, if the low contractor is missing something from their tech proposal, can we ask the contractor "if the item is included in his proposal...If not, how does adding the missing item change their proposal's price?", without talking to the other contractor's who are technically acceptable and in the competitive range? Does it change if we reference we will be using LPTA IAW FAR 15.101-2 in the RFP?


    Answer

    The following response is based solely on the question and background information provided.  As we do not have all the facts particular to your contract, program, and situation, we highly recommend, as applicable, you consult your leadership, contracting officer and/or Legal Office for guidance.
     
    Your reference [FAR 16.505(b)(1)(ii)] indicates the actions being contemplated are within SAT.  If that is the case, the Government has wide discretion in how it evaluates.  FAR subpart 15.3 would not apply.  We believe FAR 13.106-2 -- Evaluation of Quotations or Offers, would serve as a good guide in conducting the evaluation process. 
    In particular, FAR 13.106-2(b)(3) provides useful information.  "If using price and other factors, ensure that quotations or offers can be evaluated in an efficient and minimally burdensome fashion. Formal evaluation plans and establishing a competitive range, conducting discussions, and scoring quotations or offers are not required. Contracting offices may conduct comparative evaluations of offers."
     
    From that we believe it is reasonable to conclude you may speak to one offeror without needing to speak to all.
     

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