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3.2 Documentation of Initial Evaluation Results
See Army template source selection documents located in PAM - Template Library https://spcs3.kc.army.mil/asaalt/procurement/SitePages/NewTemplates.aspx).
Following initial evaluations and all required reviews (see DoD Source Selection Procedures 3.2.1), award will either be made without discussions or with discussions (see DoD Source Selection Procedures 3.2.2 and 3.2.3).
Types of Exchanges
After receipt of proposals, there are three types of exchanges that may occur between the government and offerors -- clarifications, communications, and negotiations / discussions. When they occur, their purpose and scope, and whether offerors are allowed to revise their proposals as a result of the exchanges are different for each.
Clarifications may only be used when an award will be made without discussions (see FAR 15.306(a)(1) and DoD Source Selection Procedures 3.3.1).
Communications (see FAR 15.306(b) and DoD Source Selection Procedures 3.5.2) and discussions (see FAR 15.306(b) and DoD Source Selection Procedures 3.5) are used when a competitive range will be established. All SSEB exchanges must be accomplished through the use of evaluation notifications (ENs) .
| Clarifications | Communications | Negotiations/Discussions | |
| When They Occur | Limited exchanges, between the government and offerors when award WITHOUT discussions is contemplated. NOTE: Award may be made without discussions if the solicitation announces that the government intends to evaluate proposals and make award without discussions. See section 3.3 for acquisitions with an estimated value over $100M. | After receipt of proposals, leading to the establishment of the competitive range of offerors with which the government intends to conduct discussions. May only be held with those offerors (other than offerors under FAR 15.306(b)(1)(i)) whose exclusion from the competitive range is uncertain. | After establishing the competitive range NOTE: The term “negotiations” applies to both competitive and non-competitive acquisitions. In competitive acquisitions, negotiations are also called discussions. |
| Scope of the Exchanges | Most limited of the three types of exchanges. Clarifications are not required to be held with all offerors. | Limited; similar to fact finding | Most detailed and extensive. When conducting discussions with one offeror must conduct with all offerors in the competitive range. |
| Purpose | To clarify certain aspects of proposals | To enhance the government’s understanding of the proposal by addressing issues that must be explored to allow a reasonable interpretation of the offeror’s proposal to determine whether a proposal should be placed in the competitive range | To allow the offeror an opportunity to revise its proposal so that the government obtains the best value, based on the requirement and applicable evaluation factors |
| Examples of Topics of Exchanges | Relevance of an offeror’s past performance Adverse past performance information Resolution of minor or clerical errors | Address issues that must be explored to determine whether a proposal should be placed in the competitive range Ambiguities or other concerns (e.g., perceived deficiencies, weaknesses, errors, omissions, or mistakes) Relevance of an offeror’s past performance Adverse past performance information | Examples of potential discussion topics include the identification of all evaluated deficiencies, significant weaknesses, weaknesses, and any adverse past performance information to which the offeror has not yet had an opportunity to respond. Additionally, it is a best practice to identify strengths and significant strengths to ensure that the offeror does not remove when submitting the FPR. Finally, the PCO may inform the Offeror that its price is too low or too high with the basis of these conclusions. |
| Are Resultant Proposal Revisions Allowed? | No | No | Yes |
Figure 3-3: Comparison of Types of Exchanges (After Receipt of Proposals
Conducting Exchanges with Offerors
The PCO controls all exchanges with offerors. Before participating in any exchanges, the PCO shall review the ground rules with the team members. Exchanges may be conducted in-person, telephonically, via videoconference, or via written correspondence.
During exchanges with offerors, the government may not:
Favor one offeror over another;
Reveal an offeror’s technical solution to another offeror;
Reveal an offeror’s price to another offeror without that offeror’s permission;
Knowingly disclose source selection information, or reveal the name of individuals providing past performance information;
Reveal source selection information in violation of statutory and regulatory requirements.
