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  1. Is the CO required to "promptly" send Preaward Notices to offerors whose proposals were deemed "non-conforming" if no Competitive Range will be established? And what does "promptly" mean? SCENARIO: The CO received a bunch of proposals. Say 30 proposals. 10 of the proposals violate say, the page limitations from the solicitation. The solicitation specifically warned, hey, if you submit a proposal that does not conform to ALL of the Section L instructions, then it "may" be kicked out. Say the CO here believes these non-conforming proposals should be kicked out. Now, does the CO have to send the Preaward Notices to these 10 offerors immediately, or can the CO wait until the evaluations are totally done, and just notify the offerors then? FAR 15.503 Notifications to unsuccessful offerors. (a) Preaward notices— (1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition. The notice shall state the basis for the determination and that a proposal revision will not be considered. (2) Preaward notices for small business programs. (i) In addition to the notice in paragraph (a)(1) of this section, the contracting officer shall notify each offeror in writing prior to award, upon completion of negotiations, determinations of responsibility, and, if necessary, the process in 19.304(d)— (A) When using a small business set-aside (see Subpart 19.5); (B ) When a small disadvantaged business concern receives a benefit based on its disadvantaged status (see Subpart 19.11 and 19.1202) and is the apparently successful offeror; (C ) When using the HUBZone procedures in 19.1305 or 19.1307; (D) When using the service-disabled veteran-owned small business procedures in 19.1405; or (E) When using the Woman-Owned Small Business Program procedures in 19.1505. (ii) The notice shall state— (A) The name and address of the apparently successful offeror; (B ) That the Government will not consider subsequent revisions of the offeror’s proposal; and (C ) That no response is required unless a basis exists to challenge the size status or small business status of the apparently successful offeror (e.g., small business concern, small disadvantaged business concern, HUBZone small business concern, service-disabled veteran-owned small business concern, economically disadvantaged women-owned small business concern, or women-owned small business concern eligible under the Women-Owned Small Business Program). (iii) The notice is not required when the contracting officer determines in writing that the urgency of the requirement necessitates award without delay or when the contract is entered into under the 8(a) program (see 19.805-2).
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