"Establishment of Competitive Range After Discussions
Posted to Pre-Award Procurement and Contracting on 12/12/00"

"The Scenario
All firms in the best value acquisition have been advanced to discussion without formally establishing a competitive range. Subsequent to discussions firms have submitted their revised proposals. (Based on the revised proposals further discussions are anticipated.)

"The Question
Can you establish a competitive range after firms have submitted a revised proposal if a range was not formally established prior to interfering into discussions. One could argue that advancing all firms to discussion is tantamount to establishing a competitive range which is all inclusive and could thus be amended later by removing firms after discussions."

Let's answer it for the Professor. Your Answer? I have mine in mind but will open up for "discussions" before establishing my competitive range.  Happy Sails! Joel

By joel hoffman on Wednesday, December 20, 2000 - 07:50 pm:

My response is
1) The KO established a defacto competitive range, which includes all offerors.
2) See FAR 15.306 (c)(3) "If the contracting officer, after complying with paragraph (d)(3) of this section," (Joel's note -(d)(3) describes discussions requirements) "decides that an offeror's proposal should no longer be included in the competitive range, the proposal shall be eliminated from consideration for award. Written notice of this decision shall be provided to unsuccessful offerors in accordance with 15.503".

3) See FAR 15.306 (d)(4) "If, after discussions have begun, an offeror originally in the competitive range is no longer considered to be among the most highly rated offerors being considered for award, that offeror may be eliminated from the competitive range whether or not all material aspects of the proposal have been discussed, or whether or not the offeror has been afforded an opportunity to submit a proposal revision (see 15.307(a) and 15.503(a)(1)). "

Happy Sails! Joel

By bob antonio on Wednesday, December 20, 2000 - 08:40 pm:

Joel:

I looked at this at the end of the day and ran into a regulatory stumbling block. I will look at it again tomorrow.

By bob antonio on Thursday, December 21, 2000 - 08:51 am:

Joel:

Below is the section of the Federal Acquisition Regulation (FAR) that I considered most important. It does not say that a "competitive range" must be an actual document. If a document is required, and I did not find a requirement, I don't think an "informal" competitive range could exist. However, since I found no requirement for a document, it appears that an "informal" competitive range could exist. Since the rules in debriefings require the contracting officer to notify offerors about exclusion from competitive ranges, I assume that any "informal" competitive range must include all offerors.

As long as the agency evaluates all proposals submitted and excludes no offerors from discussions, I think that the invitation to discussions could be construed as the setting of the competitive range. I think that would be a reasonable interpretation of the FAR section in quotes below.

In regard to the specific question "Can you establish a competitive range after firms have submitted a revised proposal if a range was not formally established prior to interfering into discussions.", my answer is no. (emphasis added) That is because at least my "informal" competitive range must be set before discussions. Any exclusions after the initial decision to conduct discussions would be to the original "informal" competitive range. I think the problem is in the person's wording of the question. A competitive range already existed as you said.

FAR 15.306 "(c) Competitive range. (1) Agencies shall evaluate all proposals in accordance with 15.305(a), and, if discussions are to be conducted, establish the competitive range. Based on the ratings of each proposal against all evaluation criteria, the contracting officer shall establish a competitive range comprised of all of the most highly rated proposals, unless the range is further reduced for purposes of efficiency pursuant to paragraph (c)(2) of this section."

By joel hoffman on Thursday, December 21, 2000 - 10:03 am:

Bob, I think we are in agreement that a "defacto" or "informal" competitive range already exists, consisting of all offerors. I included the other references to show that the KO can narrow down the already existing competitive range after discussions have shown various offerors to be no longer competitive. I should have been clearer. Thanks! Happy Sails!

By bob antonio on Thursday, December 21, 2000 - 11:32 am:

Joel:

I understood. It would be interesting if someone could find something we missed.

By Linda Koone on Thursday, December 21, 2000 - 02:27 pm:

I think you guys have nailed it.

The competitive range was established when he held discussions with all offerors. The pre- negotiation clearance is usually the document that would identify the competitive range. (Under the NAVSUP claimancy, anyway, a business clearance is required for all acquisitions not using Simplified Acquisition Procedures)

And as long as you comply with FAR 15.306(d)(3), I think you can exclude offers from the competitive range after it's initially been established.

Sorry I couldn't be interesting!

By joel hoffman on Thursday, December 21, 2000 - 03:07 pm:

Gee Wiz, Linda - you said it clearly and concisely, in just three sentences!!!!!!! YOU nailed it. We hit it with a sledge hammer. Thanks. Happy Sails! Joel