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  • Question

    Are we (government) in the wrong for only asking one Offeror a follow-up question? We had no further questions to ask any of the other Offerors. When we received the revised proposals, all but one changed their pricing (to include the one we asked a follow-up question).


    Answer

    In accordance with FAR 15.306(d) and the conditions of your scenario, you have entered into discussions.  It is a fundamental precept of negotiated procurements that discussions, when conducted, must be meaningful, that is, sufficiently detailed so as to lead an offeror into the areas of its proposal requiring amplification or revision.  They may not be misleading and must identify proposal deficiencies and significant weaknesses that could reasonably be addressed in a manner to materially enhance the offeror's potential for receiving award.
    If you conducted your discussions in accordance with FAR 15.306(d), then you are in compliance with the regulations.  Please remember that discussions will not be the same with each offeror in the competitive range. If you did not need to ask additional questions from some of the offerors, so be it.   Discussions must be meaningful and sufficiently detailed so as to lead an offeror into the areas of its proposal requiring amplification or revision.  Once you closed discussions and requested FPR, you cannot ask additional questions unless you enter into another round of discussions with all offerors in the competitive range.



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