(2) at a minimum, the procurement officer subject to item (3) of this subsection, must indicate to, or discuss with, each offeror being considered for award, deficiencies, significant weaknesses, and adverse past performance information. The procurement officer also is encouraged to discuss other aspects of the proposal that, in the opinion of the procurement offeror’s officer, could be altered or explained to enhance materially the for award. However, the procurement officer proposal’s potential is not required to discuss every area where the proposal could be improved. The scope and extent of discussions are a matter of procurement officer judgment; (3) government personnel involved in the acquisition shall not engage in conduct that: (a) favors one offeror over another; (b) reveals an technical solution, including offeror’s unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror’s intellectual property to another offeror; (c) reveals an price without that offeror’s offeror’s permission. However, the procurement officer may inform an offeror that its price is considered by the governmental body to be too high, or too low, and reveal the results of the analysis supporting that conclusion. It is also permissible, at the governmental to indicate to all offerors the cost body’s discretion, or price that the governmental price analysis, market body’s research, and other reviews have identified as reasonable; (d) reveals the names of individuals providing reference information about an past performance; or offeror’s (e) knowingly furnishes source selection information, as defined by regulation; (4) the procurement officer may request or allow proposal revisions to clarify and document understandings reached during negotiations. At the conclusion of expanded discussions, each offeror must be given an opportunity to submit a final proposal revision, including any revisions necessary to address any changes made to the solicitation. The procurement officer is required to establish a common cutoff date only for receipt of final proposal revisions. Requests for final proposal revisions shall advise offerors that the final proposal revisions must be in writing and that the government intends to make award without obtaining further revisions.”
(2) at a minimum, the procurement officer subject to item (3) of this subsection, must indicate to, or discuss with, each offeror being considered for award, deficiencies, significant weaknesses, and adverse past performance information. The procurement officer also is encouraged to discuss other aspects of the offeror’s proposal that, in the opinion of the procurement officer, could be altered or explained to enhance materially the proposal’s potential for award. However, the procurement officer is not required to discuss every area where the proposal could be improved. The scope and extent of discussions are a matter of procurement officer judgment; (3) government personnel involved in the acquisition shall not engage in conduct that: (a) favors one offeror over another; (b) reveals an offeror’s technical solution, including unique technology, innovative and unique uses of commercial items, or any information that would compromise an offeror’s intellectual property to another offeror; (c) reveals an offeror’s price without that offeror’s permission. However, the procurement officer may inform an offeror that its price is considered by the governmental body to be too high, or too low, and reveal the results of the analysis supporting that conclusion. It is also permissible, at the governmental body’s discretion, to indicate to all offerors the cost or price that the governmental body’s price analysis, market research, and other reviews have identified as reasonable; (d) reveals the names of individuals providing reference information about an offeror’s past performance; or (e) knowingly furnishes source selection information, as defined by regulation; (4) the procurement officer may request or allow proposal revisions to clarify and document understandings reached during negotiations. At the conclusion of expanded discussions, each offeror must be given an opportunity to submit a final proposal revision, including any revisions necessary to address any changes made to the solicitation. The procurement officer is required to establish a common cutoff date only for receipt of final proposal revisions. Requests for final proposal revisions shall advise offerors that the final proposal revisions must be in writing and that the government intends to make award without obtaining further revisions.”
4033.docx