Jump to content
The Wifcon Forums and Blogs

Don Mansfield

What's Your Interpretation?

Recommended Posts

If an unsuccessful offeror receives a preaward notice for small business programs (FAR 15.503(a)(2)), but not a preaward notice of exclusion from the competitive range (FAR 15.503(a)(1)), is the contracting officer required to send that offeror a postaward notice (FAR 15.503(B))?

Here's the rule:

(B) Postaward notices.

(1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award (10 U.S.C. 2305(B)(5) and 41 U.S.C. 253b©) or had not been previously notified under paragraph (a) of this section.

Share this post


Link to post
Share on other sites
If an unsuccessful offeror receives a preaward notice for small business programs (FAR 15.503(a)(2)), but not a preaward notice of exclusion from the competitive range (FAR 15.503(a)(1)), is the contracting officer required to send that offeror a postaward notice (FAR 15.503(B))?

Yes.

The pre-award notice allows other firms who submitted offerors an opportunity to challenge or raise an objection to the status of the apparent successful offeror, if warranted. The post award notice and associated information is intended for those firms in the competitive range, which is who I think you asked about.

Plus any firms that normally should or would have been but were not previously notified prior to award would also be included in the post award notice. I guess an example is where exigency precludes the pre-award notice.

There was a discussion thread related to this question several years ago on this forum. Unless something has changed, I believe that was the gist of the discussion.

Share this post


Link to post
Share on other sites

joel,

Note that FAR 15.503(B) requires a postaward notice to offerors that "had not been previously notified under paragraph (a) of this section." An offeror that received the preaward notice described at FAR 15.503(a)(2) would have been previously notified under paragraph (a), correct? As such, FAR 15.503(B) would not require that they be sent a postaward notice.

I think that the phrase at FAR 15.503(B) should say "...had not been previously notified under paragraph (a)(1) of this section." However, it doesn't say that.

Share this post


Link to post
Share on other sites
joel,

Note that FAR 15.503(B) requires a postaward notice to offerors that "had not been previously notified under paragraph (a) of this section." An offeror that received the preaward notice described at FAR 15.503(a)(2) would have been previously notified under paragraph (a), correct? As such, FAR 15.503(B) would not require that they be sent a postaward notice.

I think that the phrase at FAR 15.503(B ) should say "...had not been previously notified under paragraph (a)(1) of this section." However, it doesn't say that.

Don, the phrase at 15.503 ( b ) ( 1) requires post notification of

1) those firms in the competitive range (which refers only to those firms), OR

2) notification of those not previously notified under FAR 15.503( a )( 2). I am assuming that this refers to all firms that submitted offers. This in the event that the government didn't notify anyone before award because of an urgent requirement to award without pre-notification.

In the 2nd case above, the FAR requires all firms to be notified before award. However, there is an exception at 15.503 (a )( 2) (iii) to the pre-award notification requirement that allows government not to notify anybody:

"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)."

I don't believe that there is any prescription for only notifying certain firms and not others before award. I suppose that it would be possible but I don't envision such a scenario, with today's communications technology. So one will likely either notify everyone who submitted offers or no one.

To state it another way, I believe that the post award notice is for the firms remaining in the competitive range UNLESS the government didn't notify anyone before award under the small business programs. In that case, everyone gets the more detailed post award notice.

In addition, the post award notice contains different information than the pre-award notice. It is intended for the firms that were still in the competitive range. But if nobody was notified before award, the government then has to notify all those firms- not just those still in the competitive range- after the contract award with the full complement of information included in that notice.

Share this post


Link to post
Share on other sites
joel,

Note that FAR 15.503(B) requires a postaward notice to offerors that "had not been previously notified under paragraph (a) of this section." An offeror that received the preaward notice described at FAR 15.503(a)(2) would have been previously notified under paragraph (a), correct? As such, FAR 15.503(B) would not require that they be sent a postaward notice.

I think that the phrase at FAR 15.503(B) should say "...had not been previously notified under paragraph (a)(1) of this section." However, it doesn't say that.

Ah, so this is the kind of thing that DAU professors think about. I wondered why we aren't seeing more articles from them in Contract Management and other publications about matters of consequence.

FAR 15.503(a) requires that offerors eliminated from the competitive range be given two notices: (1) notice of their elimination and (2) the preaward socio-economic challenge notice. Note that paragraph (a)(2)(i) says, "In addition to the notice in paragraph (a)(1) of this section... ."

Thus, if the offeror eliminated from the competitive range was not given both notices it was not properly notified under paragraph (a) and must be given a postaward notice or at least the notice that they should have been given in the first place. If given a postaward notice, it should include the info required by 15.503(a)(1) concerning the basis for its elimination from the competitive range.

And Joel, there is no FAR 15.503(B) and 15.503(B)(1) does not say what you say that 15.503(B) says. And there is no "15.503(a)iii." However, there is a FAR 15.503(a)(1)(iii).

Share this post


Link to post
Share on other sites

Vern,

More like this is the kind of thing CON 090 students ask DAU professors to explain.

Do you think that the notification at FAR 15.503(a)(2) (the preaward small business notification) only gets sent to offerors that were eliminated from the competitive range? I interpret FAR 15.503(a) to require the contracting officer to send 1) a preaward notification of exclusion from the competitive range to each offeror excluded from the competition and 2) a preaward notification for small business programs, if applicable, to each offeror (whether excluded from the competition or not). I think this makes sense because any offeror can challenge the size status of the apparent successful offeror, so why would the CO send the preaward notification for small business to only those offerors that received a preaward notification of exclusion from the competitive range?

Share this post


Link to post
Share on other sites
Vern,

More like this is the kind of thing CON 090 students ask DAU professors to explain.

Do you think that the notification at FAR 15.503(a)(2) (the preaward small business notification) only gets sent to offerors that were eliminated from the competitive range? I interpret FAR 15.503(a) to require the contracting officer to send 1) a preaward notification of exclusion from the competitive range to each offeror excluded from the competition and 2) a preaward notification for small business programs, if applicable, to each offeror (whether excluded from the competition or not). I think this makes sense because any offeror can challenge the size status of the apparent successful offeror, so why would the CO send the preaward notification for small business to only those offerors that received a preaward notification of exclusion from the competitive range?

Don, while waiting for Vern's response, he answered the question in this archived thread: Your interpretation is correct, according to the thread.

http://www.wifcon.com/discus/messages/8520...html?1204312343

Share this post


Link to post
Share on other sites

I apologize for searching the FAR on a Blackberry and trying to go back and forth between the FORUM and the FAR websites, late at night. It doesn't work. I was responding to your scenario plus I neglected to include any instance where the government failed to notify a firm of its exclusion from the competitive range or that it was otherwise eliminated before award under 15.503 (a)(1). I was trying to say (very awkwardly) that even though a firm in the competitive range received a pre-award notice, it still gets the post award notice and that the post award notice contains different information than the pre-award notice.

Vern's post is succinct.

Share this post


Link to post
Share on other sites
joel,

Thanks for the link.

Sorry - I tried last night but couldn't determine the URL for the earlier WIFCON thread on the @$#@%#^& Blackberry. Might have saved a lot of trouble and a couple of hours of my time last night. Inasmuch as it has contributed greatly to my Carpal Tunnel Syndrome, I'm thinking of taking it for a one way sail on Mobile Bay.

Share this post


Link to post
Share on other sites

The 15.503( a )( 1 ) pre-award notice goes to all offerors excluded from the competitive range.

The 15.503( a )( 2 ) pre-award notice goes to all unsuccessful offerors when using small business programs, including those who earlier received the ( a )( 1 ) notice.

The 15.503( b )( 1 ) post-award notice goes to unsuccessful offerors still in the competitive range, except those who earlier received the ( a )( 1 ) or ( a )( 2 ) notice.

So, in my mind, in simple answer to the original poster?s question, if a contracting officer sends either an ( a )( 1 ) notice or an ( a )( 2 ) notice to a firm (or both notices), he or she does not later send the same firm a ( b )( 1 ) notice. The ( b )( 1 ) post-award notice is required only if the firm ?had not been previously notified under paragraph ( a ) of this section.?

That?s what the FAR says -- that?s what I do.

Share this post


Link to post
Share on other sites
So, in my mind, in simple answer to the original poster?s question, if a contracting officer sends either an ( a )( 1 ) notice or an ( a )( 2 ) notice to a firm (or both notices), he or she does not later send the same firm a ( b )( 1 ) notice.

That's wrong.

The CO must send the (a)(1) notice to anyone eliminated from the competitive range.

When the procurement is conducted pursuant to a small business program, the CO must send the (a)(2) notice to anyone who does not win, including those who were sent the (a)(1) notice.

The CO must send the (B) to notice to anyone in the competitive range who did not win, including those who were sent the (a)(2) notice.

The CO must also send the (B) notice to anyone who should have been sent the (a)(1) notice, but was not.

The CO must also send the (B) notice to anyone who should have been sent the (a)(2) notice, but was not.

In short, if a firm was eliminated from the competitive range and was sent the (a)(1) or the (a)(2) notice, but not both, the CO must send that firm the (B) notice. Why? Because FAR 15.503(B)(1) says so.

Share this post


Link to post
Share on other sites

Vern,

We may disagree. You write, "The CO must send the (B) to notice to anyone in the competitive range who did not win, including those who were sent the (a)(2) notice." You further write, "In short, if a firm was eliminated from the competitive range and was sent the (a)(1) or the (a)(2) notice, but not both, the CO must send that firm the (B) notice. Why? Because FAR 15.503(B)(1) says so."

You might be reading the pentultimate sentence in FAR 15.503(B)(1) as ". . . or had not been previously notified under paragraph (a)(1) of this section." But I read it as ". . . or had not been previously notified under paragraph (a) of this section" [i don't add the (1) in my reading -- the FAR doesn't put it there, and I don't read it in]. To me, either the (a)(1) notice or the (a)(2) notice is a notice under paragraph (a), and either notice suffices as an exemption to the (B) notice requirement in 15.503(B)(1).

In my practice, an unsuccessful offeror gets either an (a) pre-award notice or a (B) post-award notice, but not both.

That?s what the FAR says -- that?s what I do.

Share this post


Link to post
Share on other sites

ji20874,

If you read FAR 15.503(B)(1) closely, it doesn't say that the postaward notice doesn't have to be sent if a preaward notice was sent. Here's what it says:

"Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award (10 U.S.C. 2305(B)(5) and 41 U.S.C. 253b?) or had not been previously notified under paragraph (a) of this section."

So the contracting officer will notify each offeror that meets at least one of two conditions--1) that offeror was in the competitive range but not selected for award or 2) that offeror was not previously notified under paragraph (a). Offerors don't have to meet both conditions in order to be sent a postaward notice--just one.

A problem with your interpretation is that if all that was required to be sent was a preaward notice for small business programs, the clock for requesting a debriefing would never start. The clock for a preaward debriefing begins upon receipt of the notice at FAR 15.503(a)(1) and the clock for a postaward debriefing begins upon receipt of the notice at FAR 15.503(B).

Share this post


Link to post
Share on other sites
Vern,

We may disagree. You write, "The CO must send the (B) to notice to anyone in the competitive range who did not win, including those who were sent the (a)(2) notice." You further write, "In short, if a firm was eliminated from the competitive range and was sent the (a)(1) or the (a)(2) notice, but not both, the CO must send that firm the (B) notice. Why? Because FAR 15.503(B)(1) says so."

You might be reading the pentultimate sentence in FAR 15.503(B)(1) as ". . . or had not been previously notified under paragraph (a)(1) of this section." But I read it as ". . . or had not been previously notified under paragraph (a) of this section" [i don't add the (1) in my reading -- the FAR doesn't put it there, and I don't read it in]. To me, either the (a)(1) notice or the (a)(2) notice is a notice under paragraph (a), and either notice suffices as an exemption to the (B) notice requirement in 15.503(B)(1).

In my practice, an unsuccessful offeror gets either an (a) pre-award notice or a (B) post-award notice, but not both.

That?s what the FAR says -- that?s what I do.

We do disagree. Your interpretation of FAR 15.503 is wrong. FAR 15.503(a) plainly requires two notices to any firm eliminated from the competitive range in a procurement conducted under a small business program, not one notice or the other. (Since (a) includes (1) and (2), I don't need to read (a)(1) into 15.503(B)(1). It is there by force of logic, since the whole is the sum of its parts: (a) = (a)(1) + (a)(2).) Any offeror that was eliminated from the competitive range but did not receive both notices required by 15.503(a) must be given a postaward notice. It may not make a whole heck of a lot of sense to you, but THAT is what 15.503(B)(1) says. I presume that what it says is what it means.

As for your practice and what you do -- Who cares? Do as you please.

Share this post


Link to post
Share on other sites

Disregard - I pushed the wrong button. Was still typing...

Share this post


Link to post
Share on other sites
To me, either the (a)(1) notice or the (a)(2) notice is a notice under paragraph (a), and either notice suffices as an exemption to the (B) notice requirement in 15.503(B)(1).

In my practice, an unsuccessful offeror gets either an (a) pre-award notice or a (B) post-award notice, but not both.

That?s what the FAR says -- that?s what I do.

ji20874, nobody would get a post award notice under a small business program using your stated practice of giving a pre-award notice or a post-award notice "but not both". That doesn't make any sense at all to me.

By the way, I think that ALL firms - not just the unsuccessful offerors - must be given a pre-award notice under a small business program at 15.503 (a)(2):

"(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..."

There are several reasons why that I say ALL firms get the (a)(2) pre-award notifces for small business programs.

1) Everyone but the apparently successful offeror would know who that firm is if only the unsuccessful offerors were notified under (a)(2).

2) The language at (a)(2)(i) specifically says "the contracting officer shall notify each offeror..."

3) In distinction, the language at (a)(1) specifically calls out pre-award notification of "offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition".

4) In distinction, the language at (B) specifically calls out post-award "notification to each offeror whose proposal was in the competitive range but was not selected for award (10 U.S.C. 2305(B)(5) and 41 U.S.C. 253b?) or had not been previously notified under paragraph (a) of this section."

Share this post


Link to post
Share on other sites

To all:

Look -- what makes sense is not what matters. What matters is what the regulation actually says. After that comes case law interpretations of what it means. Unless and until you know to act differently, always act in strict accordance with what the regulation says, not with what makes sense to you.

If the regulation is vague or ambiguous, then there are court-prescribed interpretive procedures. However, FAR 15.503 is neither vague nor ambiguous. It is perfectly clear. The fact that someone thinks an interpretation would be inconsistent with common sense does not make it either vague or ambiguous.

ji20874 is interpreting 15.503(B)(1) to read as follows: "(B) Postaward notices. (1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award (10 U.S.C. 2305(B)(5) and 41 U.S.C. 253b( c) or had not been previously notified under either paragraph (a)(1) or (a)(2) of this section.

The text in red reflects ji20874's interpretation of 15.503(B)(1). There is no foundation for that interpretation in the plain language of 15.503(B)(1) or in any case law that I could find. His interpretation is not valid for those reasons. Might a judge agree with him? Sure, but none has so far, and so we go with the plain language of the reg.

Share this post


Link to post
Share on other sites
To all:

Look -- what makes sense is not what matters. What matters is what the regulation actually says. After that comes case law interpretations of what it means. Unless and until you know to act differently, always act in strict accordance with what the regulation says, not with what makes sense to you.

Vern, I'm not sure if you were referring to my post above. I said that ji20874's practice makes no sense to me. The language of the FAR at 15.503 (a)(2)(i) requires all offerors to be notified pre-award under a small business program. That would exclude anyone from a post-award notification under his "practice".

Share this post


Link to post
Share on other sites

Don,

Did you ask for interpretations? I thought you did, so I presumed interpretations of others would be welcome. And did you write that FAR 15.503(B)(1) should perhaps read "or had not been previously notified under paragraph (a)(1) of this section" instead of "or had not been previously notified under paragraph (a) of this section"? I thought you did.

Vern is right in saying that "paragraph (a)" in FAR 15.503(B)(1) means either one of the notices required by paragraph (a), either (a)(1) or (a)(2). He is also right in saying that what matters is what the regulation actually says -- it actually says "paragraph (a)" -- it does not say "paragraph (a)(1)". In this matter, I "act in strict accordance with what the regulation says."

I'm not saying there is anything wrong with sending out the (B) notice to firms who have already received an (a) notice -- more power to you, if you want to do so -- but Don asked for interpretations of whether the (B) notice is required for firms who have already received the (a)(2) notice, and I gave my interpretation based on the plain language of the FAR text. Vern is intent on proving me wrong, but that doesn't achieve anything. The best answer might be to re-write the sentence to read (a)(1) instead of (a).

Joel, I customarily send the (a)(2) notice to the successful offeror also. The FAR doesn't require it, but I choose to do it because it makes sense to me. I do get requests for debriefings based on the (a)(2) notices, and I honor them.

Share this post


Link to post
Share on other sites
Vern is right in saying that "paragraph (a)" in FAR 15.503(B)(1) means either one of the notices required by paragraph (a), either (a)(1) or (a)(2). He is also right in saying that what matters is what the regulation actually says -- it actually says "paragraph (a)" -- it does not say "paragraph (a)(1)". In this matter, I "act in strict accordance with what the regulation says."

ji20874, Vern, that's me, did not say that paragraph (a) in 15.503(B)(1) means either one of the notices required by paragraph (a). I said that's what YOU think. Vern, that's still me, said that paragraph (a) means both notices, (a)(1) AND (a)(2), because if the reg says just "(a)" then you get all subparagraphs of "(a)." You seem to think that "(a)" in (B)(1) means (a)(1) OR (a)(2). Isn't that your interpretation? Have I misunderstood you? If that is what you think, and it clearly is, then where do you get that from? How does "(a)" mean either (a)(1) OR (a)(2)? Why do you think that "(a)" means either and not both?

It strikes me that you are trying to prove that what you have been doing is right. Well, it's not. It's just what you have been doing.

Share this post


Link to post
Share on other sites
Joel, I customarily send the (a)(2) notice to the successful offeror also. The FAR doesn't require it, but I choose to do it because it makes sense to me...

ji20874, I'm not trying to gang up on you. However, I just explained that the FAR at 15.503 (a)(2)(i) does require the KO to provide pre-award notice of the apparently successful offeror under a small business program to "all" offerors. To me, "all" reads pretty clearly as ALL the offerors, including the apparently successful offeror. This is distinguished from the other notification requirements in 15.503, which identify certain offerors.

Share this post


Link to post
Share on other sites

Vern, I'll try to answer your question. You asked,

. . . How does "(a)" mean either (a)(1) OR (a)(2)? Why do you think that "(a)" means either and not both?

The text in 15.503(B)(1) says "had not been previously notified under paragraph (a) of this section." It is possible to send a notice under (a)(1) only, under (a)(2) only, or under both (a)(1) and (a)(2). All three are real possibilities. A notice under (a)(1) only could occur in an unrestricted procurement where someone was eliminated from the competitive range. A notice under (a)(2) only could occur in a set-aside procurement where no one was thrown out of the competitive range. And a notice under both (a)(1) and (a)(2) could occur in a set-aside procurement where someone was thrown out of the competitive range. So the real possibilities are (a)(1) only, (a)(2) only, and both (a)(1) and (a)(2).

A notice under (a)(1) only is a notice under paragraph (a). A notice under (a)(2) only is a notice under paragraph (a). Thus, either a notice under (a)(1) or (a)(2) suffices.

The text does not seem to require both notices. It could be changed to read that way (or just to read (a)(1)), and it would make sense to make this change to the FAR for reasons others have pointed out. But as you suggested, we don't pay attention to common sense, just what the FAR text requires -- and the FAR text only requires a notice "under paragraph (a)". If the FAR drafters had intended a notice under (a)(1) as the only exception, they could have said so. If they intended both together as the only exception, they could have said so. They didn't.

Since it is easy to imagine an acquisition where the only required notice under paragraph (a) is the (a)(2) notice, it is easy for me to conclude that the "under paragraph (a)" text in 15.503(B)(1) contemplates an (a)(2) notice.

Here's what the text actually says:

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a) of this section.

Here are the possible readings of the text, in my mind:

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(1) of this section.

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(2) of this section.

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(1) and (2) of this section.

Share this post


Link to post
Share on other sites
Vern, I'll try to answer your question. You asked,

. . . How does "(a)" mean either (a)(1) OR (a)(2)? Why do you think that "(a)" means either and not both?

The text in 15.503(B)(1) says "had not been previously notified under paragraph (a) of this section." It is possible to send a notice under (a)(1) only, under (a)(2) only, or under both (a)(1) and (a)(2). All three are real possibilities... The text does not seem to require both notices.

Doesn't seem to require both notices? What language are you reading? How can you draw that conclusion when the text of (a) says:

(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)... .

Do you see the highlighted text? "In addition to..." "In addition to..." What do you think that means? It doesn't mean (a)(1) OR (a)(2). It means (a)(1) AND (a)(2). "In ADDITION to... ."

Then you say:

Here's what the text actually says:

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a) of this section.

Here are the possible readings of the text, in my mind:

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(1) of this section.

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(2) of this section.

Within 3 days after date after the date of contract award, the contracting officer shall provide written notification to each offeror whose psoposal was in the competitive range but was not selected for award . . . or had not been previously notified under paragraph (a)(1) and (2) of this section.

Yeah? And which one of the three "possible" readings do you pick?

There are not three possible readings in our scenario, in which at least one offeror has been eliminated from the competitive range. There is only one -- the last. In our scenario, both notices are required by (a), not one or the other. If both notices are not given to an offeror eliminated from the competitive range, then the offeror must be given a postaward notice. Only if no offeror was eliminated from the competitive range or if the procurement was not conducted under a small business program do you get to send only one notice under 15.503(a).

Might the FAR councils have meant something different? Sure, but if they did they didn't say what they meant. Might the postaward notice seem unnecessary in some cases? Sure, but that makes no difference if the regulation says to send it.

In conclusion, you didn't answer my question. You didn't explain anything. You just asserted yet one more time what you've been asserting since the beginning. Goodbye ji20874. I give up on you.

Share this post


Link to post
Share on other sites
And Joel, there is no FAR 15.503(B) and 15.503(B)(1) does not say what you say that 15.503(B) says. And there is no "15.503(a)iii." However, there is a FAR 15.503(a)(1)(iii).

Vern, to clarify, I never said that 15.503(B) "says" anything. I was responding to Don's original scenario, which I thought was some sort of test. Under Don's scenario, 15.503 (a)(1) wasn't applicable because the firm he was asking about was still in the competitive range. I told him that was my assumption in my first response and he did not say otherwise in his next response. I then explained what 15.503 (B) (using the same wrong paragraph designation that Don had supplied in his original post before he edited it in response to your post) "required" with respect to his (assumed) scenario, without going into every possible combination of circumstances. He was still referring to a single firm that was properly notified of who the apparent successful offeror was and he said that the firm wasn't entitled to a post-award notification because of that.

I thought Don was trying to make a point concerning the "OR" choice in 15.503 (B)(1) that might be read as requiring a post award notice be sent only to a unsuccessful offeror in the competitive range OR to a firm that wasn't given a pre-award notice but not both types of offerors.

However, yes -yes-yes, I should have been clearer in my response that I was limiting my interpretation of the "requirement" to that firm's situation and I should have used the correct paragraph numbering. And yes, a notice under 15.503 (a) (1) is definitely also required when applicable.

Again - sorry for my sloppiness.

Share this post


Link to post
Share on other sites
Guest
This topic is now closed to further replies.

×