[Code of Federal Regulations]

[Title 48, Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 48CFR315.370]



[Page 38]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                  CHAPTER 3--HEALTH AND HUMAN SERVICES

 

PART 315_CONTRACTING BY NEGOTIATION--Table of Contents

 

                     Subpart 315.3_Source Selection

 

Sec. 315.370  Finalization of details with the selected source.



    (a) After selection of the successful proposal, finalization of 

details with the selected offeror may be conducted if deemed necessary. 

However, no factor which could have any effect on the selection process 

may be introduced after the common cutoff date for receipt of final 

proposal revisions. The finalization process shall not in any way 

prejudice the competitive interest or rights of the unsuccessful 

offerors. Finalization of details with the selected offeror shall be 

restricted to definitizing the final agreement on terms and conditions, 

assuming none of these factors were involved in the selection process.

    (b) Caution must be exercised by the contracting officer to insure 

that the finalization process is not used to change the requirements 

contained in the solicitation, nor to make any other changes which would 

impact on the source selection decision. Whenever a material change 

occurs in the requirements, the competition must be reopened and all 

offerors submitting final proposal revisions must be given an 

opportunity to resubmit proposals based on the revised requirements. 

Whenever there is a question as to whether a change is material, the 

contracting officer should obtain the advice of technical personnel and 

legal counsel before reopening the competition. Significant changes in 

the offeror's cost proposal may also necessitate a reopening of 

competition if the changes alter the factors involved in the original 

selection process.

    (c) Should finalization details beyond those specified in paragraph 

(a) of this section be required for any reason, discussions must be 

reopened with all offerors submitting final proposal revisions.

    (d) Upon finalization of details, the contracting officer should 

obtain a confirmation letter from the successful offeror which includes 

any revisions to the technical proposal, the agreed to price or cost, 

and, as applicable, a certificate of current cost or pricing data.