Discussions are exchanges between the Government and an offeror in the competitive negotiation process undertaken with the intent of allowing the offeror to revise its proposal. The primary objective is to maximize the Government's ability to obtain the "best value", based upon the requirements and the evaluation factors set forth in the solicitation. [FAR 15.306d]
Application: With complex issues, face-to-face discussions with the contractor are often desirable. Exchanges at the contractor's place of business may be particularly desirable when issues are complex and the dollar value is large. Quick access to contractor technical information and support can facilitate and expedite the exchange process.
Limitation: Discussions must not reveal an offeror's technical solution, innovative and unique uses of commercial items, intellectual property, or and an offeror's price without the offeror's permission. Discussions are tailored to each offeror's proposal, and must be conducted by the contracting officer with each offeror within the competitive range.
Negotiations are exchanges, in either a competitive or sole source environment, between the Government and offerors, that are undertaken with the intent of allowing the offeror to revise its proposal. When negotiations are conducted in a competitive acquisition, they take place after establishment of the competitive range and are called discussions. Negotiations with an offeror include persuasion, alteration of assumptions and positions, give-and-take, that apply to price, schedule, technical requirements, type of contract, or other terms and conditions. These negotiations may include bargaining.
Discussions include bargaining. Bargaining may occur in sole source procurements or during competitive negotiations. When it occurs in the competitive negotiation process, it will occur after the establishment of the competitive range and is called discussions. Bargaining includes persuasion, alteration of assumptions and positions, give-and-take, and may apply to price, schedule, technical requirements, type of contract, or other terms of a proposed contract.
