Yes, if you establish a competitive range, you must do the following:
(a) Hold communications with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range;
(b) Address adverse past performance information to which an offeror has not had a prior opportunity to respond; and
(c) Hold communications only with those offerors whose exclusion from, or inclusion in, the competitive range is uncertain.
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 636.407