[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR636.115]

[Page 201-202]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 636--DESIGN-BUILD CONTRACTING--Table of Contents
 
                           Subpart A--General
 
Sec. 636.115  May I meet with industry to gather information concerning the appropriate risk allocation strategies?

    (a) Yes, information exchange at an early project stage is 
encouraged if it facilitates your understanding of the capabilities of 
potential offerors. However, any exchange of information must be 
consistent with State procurement integrity requirements. Interested 
parties include potential offerors, end users, acquisition and 
supporting personnel, and others involved in the conduct or outcome of 
the acquisition.
    (b) The purpose of exchanging information is to improve the 
understanding of your requirements and industry capabilities, thereby 
allowing potential offerors to judge whether or how they can satisfy 
your requirements, and enhancing your ability to obtain quality supplies 
and services, including construction, at reasonable prices, and increase 
efficiency in proposal preparation, proposal evaluation, negotiation, 
and contract award.
    (c) An early exchange of information can identify and resolve 
concerns regarding the acquisition strategy, including proposed contract 
type, terms and conditions, and acquisition planning schedules. This 
also includes the

[[Page 202]]

feasibility of the requirement, including performance requirements, 
statements of work, and data requirements; the suitability of the 
proposal instructions and evaluation criteria, including the approach 
for assessing past performance information; the availability of 
reference documents; and any other industry concerns or questions. Some 
techniques to promote early exchanges of information are as follows:
    (1) Industry or small business conferences;
    (2) Public hearings;
    (3) Market research;
    (4) One-on-one meetings with potential offerors (any meetings that 
are substantially involved with potential contract terms and conditions 
should include the contracting officer; also see paragraph (e) of this 
section regarding restrictions on disclosure of information);
    (5) Presolicitation notices;
    (6) Draft RFPs;
    (7) Request for Information (RFI) ;
    (8) Presolicitation or preproposal conferences; and
    (9) Site visits.
    (d) RFIs may be used when you do not intend to award a contract, but 
want to obtain price, delivery, other market information, or 
capabilities for planning purposes. Responses to these notices are not 
offers and cannot be accepted to form a binding contract. There is no 
required format for an RFI.
    (e) When specific information about a proposed acquisition that 
would be necessary for the preparation of proposals is disclosed to one 
or more potential offerors, that information shall be made available to 
all potential offerors as soon as practicable, but no later than the 
next general release of information, in order to avoid creating an 
unfair competitive advantage. Information provided to a particular 
offeror in response to that offeror's request must not be disclosed if 
doing so would reveal the potential offeror's confidential business 
strategy. When a presolicitation or preproposal conference is conducted, 
materials distributed at the conference should be made available to all 
potential offerors, upon request.