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Federal Register / Vol. 86, No. 12 / Thursday, January 21, 2021 / Proposed Rules
information regarding one offerors proposal to other offerors without consent of the offeror in accordance with FAR parts 3 and 24. 38 U.S.C.
8153
f Award may be made on initial proposals without exchanges if the solicitation states that the Government intends to evaluate proposals and make award without exchanges, unless the contracting officer determines that exchanges are considered necessary. 38
U.S.C. 8153
873.114

Best value pool.

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a Without regard to FAR 15.306c, the contracting officer may determine the most highly rated proposals having the greatest likelihood of award based on the information or factors and subfactors in the solicitation. These vendors constitute the best value pool.
This determination is within the sole discretion of the contracting officer.
Competitive range determinations are not applicable to acquisitions under this part 873. 38 U.S.C. 8153
b In planning an acquisition, the contracting officer may determine that the number of proposals that would otherwise be included in the best value pool is expected to exceed the number at which an efficient, timely, and economical competition can be conducted. In reaching such a conclusion, the contracting officer may consider such factors as the results of market research, historical data from previous acquisitions for similar services, and the resources available to conduct the source selection. Provided the solicitation notifies offerors that the best value pool can be limited for purposes of making an efficient, timely, and economical award, the contracting officer may limit the number of proposals in the best value pool to the greatest number that will permit an efficient competition among the proposals offering the greatest likelihood of award. The contracting officer may indicate in the solicitation the estimate of the greatest number of proposals that will be included in the best value pool. The contracting officer may limit the best value pool to a single offeror. 38 U.S.C. 8153
c If the contracting officer determines that an offerors proposal is no longer in the best value pool, the
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proposal shall no longer be considered for award. Written notice of this decision must be provided to unsuccessful offerors at the earliest practicable time. 38 U.S.C. 8153
873.115

Proposal revisions.

a The contracting officer may request proposal revisions as often as needed during the proposal evaluation process at any time prior to award from vendors remaining in the best value pool. Proposal revisions shall be submitted in writing. The contracting officer may establish a common cutoff date for receipt of proposal revisions.
Contracting officers may request best and final offers n. In any case, contracting officers and acquisition team members must safeguard all proposals and revisions to avoid unfair dissemination of an offerors proposal.
38 U.S.C. 8153
b If an offeror initially included in the best value pool is no longer considered to be among those most likely to receive award after submission of proposal revisions and subsequent evaluation thereof, the offeror may be eliminated from the best value pool without being afforded an opportunity to submit further proposal revisions. 38
U.S.C. 8153
c Requesting and/or receiving proposal revisions does not necessarily conclude exchanges. However, requests for proposal revisions should advise offerors that the Government may make award without obtaining further revisions. 38 U.S.C. 8153
873.116

Source selection decision.

a An integrated comparative assessment of proposals should be performed before source selection is made. The SSA shall independently determine which proposals represents the best value, consistent with the evaluation information or factors and subfactors in the solicitation, and that the prices are fair and reasonable. The SSA may determine that all proposals should be rejected if it is in the best interest of the Government. 38 U.S.C.
8153
b The source selection team, or advisory boards or panels, may conduct comparative analysises of proposals and make award recommendations, if the SSA requests such assistance. 38
U.S.C. 8153

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c The source selection decision must be documented in accordance with FAR
15.308. 38 U.S.C. 8153
873.117

Award to successful offeror.

a The contracting officer shall award a contract to the successful offeror by furnishing the contract or other notice of the award to that offeror. 38 U.S.C.
8153
b If a request for proposal RFP
process was used for the solicitation and if award is to be made without exchanges, the contracting officer may award a contract without obtaining the offerors signature a second time. The offerors signature on the offer constitutes the offerors agreement to be bound by the offer. If a request for quotation RFQ process was used for the solicitation, and if the contracting officer determines there is a need to establish a binding contract prior to commencement of work, the contracting officer should obtain the offerors acceptance signature on the contract to ensure formation of a binding contract.
38 U.S.C. 8153
c If the award document includes information that is different than the latest signed offer, both the offeror and the contracting officer must sign the contract award. 38 U.S.C. 8153
d When an award is made to an offeror for less than all of the items that may be awarded and additional items are being withheld for subsequent award, each notice shall state that the Government may make subsequent awards on those additional items within the offer acceptance period. 38 U.S.C.
8153
873.118

Debriefings.

Offerors whose proposals are not accepted under a competitive request for proposals RFP may submit a written request for a debriefing to the contracting officer. Without regard to FAR 15.505, preaward debriefings may be conducted by the contracting officer when determined to be in the best interest of the Government. Post-award debriefings shall be conducted in accordance with FAR 15.506. 38 U.S.C.
8153
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