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Who May Issue RFI's When Conducting Market Research?


Troy

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Is it prohibited anywhere for a program office in their due diligence to issue an RFI, (that includes standard RFI disclaimers), in an attempt to identify potential sources when solely in support of early planning "market research"?

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Guest Vern Edwards

I am not aware of any such prohibition in FAR. See FAR 15.201. There might be something in an agency FAR supplement.

I suggest that you not use the term "due diligence". The proper term is market research. Due diligence is something else entirely.

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I do not disagree with Vern and by way of further comment I suggest coordination with the acquisition office and a CO when issuing a RFI.

Stated based on FAR 15.209(c ) -lower case c. I will leave to others to debate whether the provision is required if the CO is not the one issuing the RFI but would simply offer that to me the FAR by my read implies the provision shall be included. The full read of 15.2 suggests other areas where acquisition folks could help in formating as well. Also important to include acquisition from the view that in some casees the RFI could be considered the start of the acquisition process and keeping good records of responses to the RFI could be important to protests regarding the subsequent RFQ or RFP if issued.

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Guest Vern Edwards

Keep in mind that FAR applies to all acquisition personnel, not just COs. So with that in mind you could argue that if the program office is sending out an RFI it should comply with FAR 15.209( c ) and include the solicitation provision. On the other hand, one can argue that the provision is needed only when the CO is issuing an RFI, in order to ensure that prospective offerors do not confuse it with an RFP, which they would not expect a program office to issue.

FAR 15.201 encourages early exchanges of info and says that RFIs "may be used." It does not limit their use to contracting offices. Except for FAR 15.209( c ), there is no required format or content for an RFI. Then again, why would a program office issue an RFI on its own when it can get the CO to do the work.

This is one of those things that the FAR does not address in detail. You have to make it up as you go along. I don't think FAR forbids program offices from issuing RFIs, but I think a program office should ask the CO to issue the RFI. What technical type wants to do all that typing?

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Thank you gentlemen for your valued comments. This question was one that was asked by the program office and my initial response to them was that I'm not aware of a direct prohibition in the FAR or our agency supplement. However, if we were to implement such a practice at all, most assuredly the appropriate language for such an RFI would first be vetted through contracting as well as legal counsel.

The program office's concern was basically with regard to how they could conduct thorough market research in the most efficient and expeditious manner. The crux of the matter is they want to avoid PALT delays due to contracting coming back post facto to inform them that, they don't have a justifiable case to sole source, or they have to re-draft their specification, and there are viable businesses in the appropriate socio-economic set-aside etc.

Essentially, they want to get it right the first time.

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To avoid the most delays, they need to get the Acquisitions Office involved at this early stage. With that said, I do realize that many COs are not all that customer friendly and some won't talk to a program office until they submit a "complete package". We have to straighten that issue out in our Office quite often. Elevate to management if they don't want early involvement.

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