[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR636.407]

[Page 195-196]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 636_DESIGN-BUILD CONTRACTING--Table of Contents
 
                           Subpart D_Exchanges
 
Sec. 636.407  Am I limited in holding communications with certain 
firms?

    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

[[Page 196]]

inclusion in, the competitive range is uncertain.