Anybody heard of a "confer session" as part of proposal evaluations?

[JW84]

GSA is performing assisted acquisition services for DoD on a FAR 16.505 task order competition valued at $300M, and is taking corrective action in response to a recent GAO protest.  In recent communications GSA has indicated "...For the offerors that elect to remain in the competition, GSA also intends to enter into confer sessions with those offerors and allow for the submission of revised quotes in response to confer sessions under the factors consistent with the Instructions To Offerors (as amended, as applicable).  Following a new evaluation, the Agency will make a new award decision to include a new best value selection as necessary..."

Other than a couple references found in CoFC rulings, I can find no definition of "confer sessions" in any acquisition regulation.  

The key question I am trying to determine is whether my firm will be allowed to change any aspect of our proposal we choose to change in our revised quote, or if our ability to make changes to our prior proposal will somehow be limited by the scope of the "confer session" or limited to those aspects of the solicitation which have changed.  Updates to the ITO center on pricing, but we would like to make changes to other aspects of our proposal. 

Welcoming your thoughts and feedback.

[ji20874]

You need to ask the contracting officer for that procurement.  

[Don Mansfield]

I think someone's trying hard not to use the word "discussions" 🤔 

[bosgood]

7 hours ago, Don Mansfield said:

I think someone's trying hard not to use the word "discussions"

Indeed, but it seems silly:

confer /kənˈfəː/
1.  grant (a title, degree, benefit, or right).
"the Minister may have exceeded the powers conferred on him by Parliament"

2.  have discussions; exchange opinions.
"the officials were conferring with allies"

[joel hoffman]

12 hours ago, Don Mansfield said:

I think someone's trying hard not to use the word "discussions" 🤔 

That’s what it appears to be ‘like’.

And it’s “likely” that they want to avoid linking GSA, Part 8 commercial type Acquisition processes or Part 16.5 ordering processes to FAR Part 15 processes, procedures and associated legal ramifications and limitations. 

[joel hoffman]

21 hours ago, ji20874 said:

You need to ask the contracting officer for that procurement.  

Yes, that’s something which may be appropriate to ask during the Confer process. 

[JW84]

Thank you @ji20874, @Don Mansfield, and @joel hoffman.  What say you, @Vern Edwards?  Scold me with the silliness of my inquiry, or dazzle us with your insights -- I welcome either. 

[Vern Edwards]

22 hours ago, JW84 said:

The key question I am trying to determine is whether my firm will be allowed to change any aspect of our proposal we choose to change in our revised quote, or if our ability to make changes to our prior proposal will somehow be limited by the scope of the "confer session" or limited to those aspects of the solicitation which have changed. 

I don't know the answer to your question.

In legal practice a "confer session" or "meet-and-confer session" is a court-ordered proceeding in which the litigants and their attorneys must meet in an attempt to resolve certain issues. The COFC has ordered "meet and confer" sessions in several protest cases. See, most recently, Dolphin Park TT, LLC v U.S., 159 Fed. Cl. 658, 664 (2022). The GAO does not order meet-and-confer orders.

It may be that GSA is using the term "confer session" in order to distinguish what it plans to do in conference from the "discussions" described in FAR 15.306(d). If so, it may be planning to limit the topics to protest issues, and otherwise refuse to permit offerors to make unrelated proposal revisions.