An initial evaluation (responsive) is the process by which the Government assesses an offerors proposal to determine the relative merits of the offer and the offerors ability to successfully accomplish a prospective contract. The solicitationmust describe the source selection system and list all significant evaluation factors with the relative importance of each factor. The evaluation factors should be tailored for each acquisition and should include the factors that will affect the source selection decision. [Regulation (FAR) 15.305, 10 U.S.C. 2305(b)(1) and 41 U.S.C.253b(a)]
Clarification is Government communication with an offeror on a competitive negotiated procurement that is a limited exchange, between the Government and an offeror, that occurs when award on initial proposal is contemplated. It may be used to resolve minor irregularities. Unlike discussions, which are used after competitive range determination, clarifications do not give the offeror an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistake resulted in a revision. [FAR 15.306a] In the the case of Information Technology & Applications Corp. v. U.S. (No. 02-5048 decided in the US Court for the Federal Circuit on Jan. 10, 2003) the Court decided that the Governments requests for additional past performance information were "clarifications". Requests for past performance information are "clarifications" when the following three elements are present. First, the awardee was never given the opportunity to revise its proposal and the Government did not negotiate different terms. Second, a request for information regarding past performance is precisely the type of activity described as a "clarification", under FAR 15.306(a). Third, the Government in its correspondence with the awardee was for "clarification" purposes.
