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Question and Answer Detail
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Title - Communications during contract with two or more competing contractors
Question -
FAR 15.201 describes the nature of communications with potential offerors prior to source selection; however, I have been unable to find any clear guidance on how to communicate with the contractors post source selection. PM AAA will be entering a contract with two or more venders and run a competitive competition between the selected venders with one vender winning all i.e., the winner will move on to LRIP production producing its version of the ACV. How should we the government work/communicate with the competing venders prior to and during the competition? The concern is that technical discussions with one vendor could become an advantage to the other vender(s) if they are aware of the discussion details. I would appreciate any guidance you can provide for pre and especially post source selection.
Scenario -
PM AAA is developing a Communications Plan for guidance during the ACV Technology Demonstrator Contract pre source selection and post source selection.
Posted - 9/12/2012 2:23:00 PM
Subject Area - Contracting - Source Selection
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To address your question, the first stop is FAR Part 15; you are already aware of the guidance there. The second stop would be the DoD Source Selection Procedures, specifically section 3.4 (Discussion Process), section 3.10 (Debriefings), and Appendix B (Debriefing Guide). Once you have digested that content, it's beneficial to place yourself in the shoes of both offerors during pre-award discussions and in the shoes of the losing offeror during the post-award debriefing. Then ask yourself (as the offeror): "Is there anything about the way the Government has conducted the discussion/debriefing that I feel may have put me at a competitive disadvantage?" The answer to this question provides a good "self-check" for how to conduct the discussions and debriefings.
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