Regulations last checked for updates: Apr 28, 2024

Title 23 - Highways last revised: Jan 18, 2024
§ 636.402 - What types of information exchange may take place after the release of the RFP document?

Certain types of information exchange may be desirable at different points after the release of the RFP document. The following table summarizes the types of communications that will be discussed in this subpart. These communication methods are optional.

Type of information exchange When Purpose Parties involved
(a) ClarificationsAfter receipt of proposalsUsed when award without discussions is contemplated. Used to clarify certain aspects of a proposal (resolve minor errors, clerical errors, obtain additional past performance information, etc.)Any offeror whose proposal is not clear to the contracting agency.
(b) CommunicationsAfter receipt of proposals, prior to the establishment of the competitive rangeUsed to address issues which might prevent a proposal from being placed in the competitive rangeOnly those offerors whose exclusion from, or inclusion in, the competitive range is uncertain. All offerors whose past performance information is the determining factor preventing them from being placed in the competitive range.
(c) Discussions (see Subpart E of this part)After receipt of proposals and after the determination of the competitive rangeEnhance contracting agency understanding of proposals and offerors understanding of scope of work. Facilitate the evaluation processMust be held with all offerors in the competitive range.
authority: Sec. 1503 of Pub. L. 109–59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105–178, 112 Stat. 107; 23 U.S.C. 101,109,112,113,114,115,119,128,and; 49 CFR 1.48(b)
source: 67 FR 75926, Dec. 10, 2002, unless otherwise noted.
cite as: 23 CFR 636.402