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Publicizing and response time -RFI / Sources Sought

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Can a contracting activity accept information/responses from a prospective contractor after the close date of a Request for Information or Sources Sought Notice? I can't find a reference in the FAR  for this. Thank you

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That late is late and the information provided by the supplier may not be considered. Conversely, the RFI does not state that late submissions would not be considered. However the RFI instructions do state that responses longer than X pages and larger than X MB will not be considered (boilerplate).  Which brings up another question: If the contracting activity 'accepts' a RFI response from a supplier who did not meet timeliness, size limitations/other instructions, etc., and that same supplier offers and is awarded a contract per an RFQ/RFP developed through RFI responses received from multiple suppliers, including said supplier that didn't follow instructions, could this suggest a prejudice in the evaluation process and open the government to a bid protest?

Thank you for considering the information in this long winded question. 

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3 minutes ago, Joe2713 said:

That late is late and the information provided by the supplier may not be considered.

What if the Government wanted to consider the information? Do you think they wouldn't be allowed?

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FAR 1.102-4 (e) "The FAR outlines procurement policies and procedures that are used by members of the Acquisition Team. If a policy or procedure, or a particular strategy or practice, is in the best interest of the Government and is not specifically addressed in the FAR, nor prohibited by law (statute or case law), Executive order or other regulation, Government members of the Team should not assume it is prohibited. Rather, absence of direction should be interpreted as permitting the Team to innovate and use sound business judgment that is otherwise consistent with law and within the limits of their authority. Contracting officers should take the lead in encouraging business process innovations and ensuring that business decisions are sound."

10 minutes ago, Joe2713 said:

Which brings up another question: If the contracting activity 'accepts' a RFI response from a supplier who did not meet timeliness, size limitations/other instructions, etc., and that same supplier offers and is awarded a contract per an RFQ/RFP developed through RFI responses received from multiple suppliers, including said supplier that didn't follow instructions, could this suggest a prejudice in the evaluation process and open the government to a bid protest?

Thank you for considering the information in this long winded question. 

See FAR 15.201 (e) "RFIs may be used when the Government does not presently intend to award a contract, but wants to obtain price, delivery, other market information, or capabilities for planning purposes. Responses to these notices are not offers and cannot be accepted by the Government to form a binding contract. There is no required format for RFIs." (emphasis added)

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@Joe2713

Keep in mind, generally, when issuing RFIs/Sources Sought you are not conducting a competition (selecting contractors to provide supplies or perform services). As such, using 'acquisition' policies and procedures related to 'solicitations' may not be required or appropriate.

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@Joe2713,

The FAR regulates a lot that goes on in acquisition, but not everything. The FAR excerpt provided by Matthew provides guidance on what you do when you want to do something that the FAR has nothing to say about. It's very important to how you approach acquisition. Instead of looking for permission to do something in the regulations, assume that you have permission unless prohibited by prohibited by law (statute or case law), Executive order or regulation. If you are a beginner, print out FAR 1.102-4(e) and post it somewhere you can see it when working on your computer. From now on, read it before looking something up in the FAR. 

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On 1/8/2019 at 1:24 PM, Joe2713 said:

Can a contracting activity accept information/responses from a prospective contractor after the close date of a Request for Information or Sources Sought Notice? I can't find a reference in the FAR  for this. Thank you

 

I hope you have concluded that YES, a contracting activity may accept information/responses from a prospective contractor after the close date of a Request for Information or Sources Sought Notice.

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