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We were issued a sole source RFP and the box on the SF-33 for Type of Solicitation is checked Negotiated. Is there any possible way for the PCO to make an award unilaterally without negotiations? There is no language in the RFP about discussions (FAR 15.306).

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Guest Vern Edwards

"Negotiated" as used on SF-33 simply means awarded by a method other than sealed bidding. See FAR 15.000. It doesn't mean the dictionary sense of discussion, offer-counteroffer, give-and-take, bargaining, etc.

It would be strange to award a contract on a sole source basis without some discussion and bargaining, but who knows?

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10 minutes ago, Vern Edwards said:

It would be strange to award a contract on a sole source basis without some discussion and bargaining, but who knows?

But, one wouldn't need to prepare a Pre or Post Negotiation memo, would one?

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15 minutes ago, GregJ said:

Is there any possible way for the PCO to make an award unilaterally without negotiations?

Yes.  Your question goes beyond simply checking of the a block of the SF-33.  Use of the SF-33 and the solicitations terms and conditions provide that the government is seeking a irrevocable offer from the offeror  which the PCO can accept unilaterally if so inclined.  I agree it would be strange to do so. 

Here is a discussion that while not exactly on point will give you some additional information about the ideal of an offer and its acceptance.

 

You will have reinforcement that the offer you will receive is a irrevocable offer that the PCO can accept unilaterally if the solicitation includes FAR Clause 52.215-1 as well. 

PS - I was drafting this response prior to any other responses to your question and edited my response to coincide better with the responses already posted.

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2 minutes ago, C Culham said:

Yes.  Your question goes beyond simply checking of the a block of the SF-33.  Use of the SF-33 and the solicitations terms and conditions provide that the government is seeking a irrevocable offer from the offeror  which the PCO can accept unilaterally if so inclined.  I agree it would be strange to do so. 

Here is a discussion that while not exactly on point will give you some additional information about the ideal of an offer and its acceptance.

 

You will have reinforcement that the offer you will receive is a irrevocable offer that the PCO can accept unilaterally if the solicitation includes FAR Clause 52.215-1 as well. 

PS - I was drafting this response prior to any other responses to your question and edited my response to coincide better with the responses already posted.

The RFP does not include 52.215-1

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FAR Part 15 negotiated acquisition procedures (15.0) apply to non-competitive acquisitions to the extent applicable, including 15.4 Contract Pricing. For DoD sole source acquisitions, see also DFARS, PGI and Agency Supplements. 

15.4 discusses proposal analysis, preparing for negotiations,  establishing objectives, some aspects of negotiations, documenting the negotiations, etc. 

52.215-1 is for competitive negotiated acquisitions.  

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44 minutes ago, GregJ said:

The RFP does not include 52.215-1

Understand and appreciate Joel's reminder.   Yet by all indications you are asking for an irrevocable offer which the PCO can accept unilaterally.  The OFFER section of the SF-33 is the support not Block 4.

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Guest Vern Edwards

What's interesting is that one would ordinarily expect that a sole source solicitation would have been preceded by some talk. Why not? it's sole source. But the OP makes it seem that the RFP came to them out of the blue, with no prior communication. Doesn't that seem odd?

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There has been communication with PCO, however she is unwilling to make changes to certain clauses listed in the RFP. Upper management want's to be sure she cannot execute a unilateral without at least having dialog about these changes.

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8 minutes ago, GregJ said:

There has been communication with PCO, however she is unwilling to make changes to certain clauses listed in the RFP. Upper management want's to be sure she cannot execute a unilateral without at least having dialog about these changes.

Has upper management ever heard of the Changes clause?

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Guest Vern Edwards
18 minutes ago, GregJ said:

There has been communication with PCO, however she is unwilling to make changes to certain clauses listed in the RFP. Upper management want's to be sure she cannot execute a unilateral without at least having dialog about these changes.

GregJ: This is a simple matter of contract formation: offer and acceptance. The RFP seeks an offer. if you submit an offer, state your terms, including a statement about any clauses in the RFP that you will not accept. The CO can then either "unilaterally" accept your offer, which should make you happy, "unilaterally" reject it, or open negotiations. Dude, if you're really the sole source you have the upper hand.

Retain an attorney.

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Been out of pocket today. Thanks for the additional information regarding the scenario.  

Agree with the respondents that, if you don’t agree with all of the terms of the RFP, you should clearly qualify your offer.

From the prospective contractor’s perspective, it should prevent the KO from unilaterally awarding a contract that would contradict the terms of your offer. Such a contract award would be invalid, as there is no meeting of the minds.  

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