[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR15.201]



[Page 255-256]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 15_CONTRACTING BY NEGOTIATION--Table of Contents

 

   Subpart 15.2_Solicitation and Receipt of Proposals and Information

 

Sec. 15.201  Exchanges with industry before receipt of proposals.



    (a) Exchanges of information among all interested parties, from the 

earliest identification of a requirement through receipt of proposals, 

are encouraged. Any exchange of information must be consistent with 

procurement integrity requirements (see 3.104). Interested parties 

include potential offerors, end users, Government 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 Government requirements and industry capabilities, 

thereby allowing potential offerors to judge whether or how they can 

satisfy the Government's requirements, and enhancing the Government's 

ability to obtain quality supplies and services, including construction, 

at reasonable prices, and increase efficiency in proposal preparation, 

proposal evaluation, negotiation, and contract award.



[[Page 256]]



    (c) Agencies are encouraged to promote early exchanges of 

information about future acquisitions. An early exchange of information 

among industry and the program manager, contracting officer, and other 

participants in the acquisition process can identify and resolve 

concerns regarding the acquisition strategy, including proposed contract 

type, terms and conditions, and acquisition planning schedules; the 

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--

    (1) Industry or small business conferences;

    (2) Public hearings;

    (3) Market research, as described in part 10;

    (4) One-on-one meetings with potential offerors (any that are 

substantially involved with potential contract terms and conditions 

should include the contracting officer; also see paragraph (f) of this 

section regarding restrictions on disclosure of information);

    (5) Presolicitation notices;

    (6) Draft RFPs;

    (7) RFIs;

    (8) Presolicitation or preproposal conferences; and

    (9) Site visits.

    (d) The special notices of procurement matters at 5.205(c), or 

electronic notices, may be used to publicize the Government's 

requirement or solicit information from industry.

    (e) RFIs may be used when the Government does not presently intend 

to award a contract, but wants to obtain price, delivery, other market 

information, or capabilities for planning purposes. Responses to these 

notices are not offers and cannot be accepted by the Government to form 

a binding contract. There is no required format for RFIs.

    (f) General information about agency mission needs and future 

requirements may be disclosed at any time. After release of the 

solicitation, the contracting officer must be the focal point of any 

exchange with potential offerors. 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 must be made available to the public 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 potential offeror in response to its request must not be disclosed if 

doing so would reveal the potential offeror's confidential business 

strategy, and is protected under 3.104 or subpart 24.2. When conducting 

a presolicitation or preproposal conference, materials distributed at 

the conference should be made available to all potential offerors, upon 

request.



[62 FR 51230, Sept. 30, 1997, as amended at 67 FR 13056, Mar. 20, 2002]