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Opened discussions with all Offerors under a MAC task order solicitation. Asked each Offeror questions based on their weaknesses/deficiencies. This is BVTO. All Offerors responded adequately except one. We asked a follow-up question to only one of the Offerors. They responded, we were satisfied. We closed discussions and asked for the Final/Revised offers.
We highly encourage comments, examples, feedback and continued discussion.
(Continuation of above) 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).
Not necessarily. When ordering under multiple-award contracts pursuant to FAR 16.505(b)(1), the contracting officer has broad discretion in developing order placement procedures. The requirements of FAR subpart 15.3 regarding competitive range, discussions, etc., are inapplicable. However, the contracting officer is prohibited from using a procedure that would not result in fair consideration being given to all awardees prior to placing the order. So, as long as the follow-up question to the one offeror didn't deprive another offeror of being fairly considered for the award, you haven't done anything wrong.
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