Good day,
Purpose: I am soliciting feedback on the following scenario for the purpose of understanding better how discussions held in a FAR Part 8 setting work and if the below scenario passes your sniff test as experienced 1102's.
Scenario: a significant weakness or deficiency is identified in a quoter's submission in an FSS order (FAR 8.4). Past Performance was not an evaluation factor in the RFQ. To address this issue the Contracting Officer decides to enter discussions to allow the vendor opportunity to be eligible for award. Contracting Officer looks to the procedures laid out in FAR 15.306(d) for guidance on how to fairly conduct the discussions as FAR 8 is silent on the matter. The Contracting Officer understands FAR 8.404(a)'s principle regarding FAR 15 but in light of the need for discussions decides to use it for guidance.
Contracting Officer reads the following in FAR 15.306(d):
The Contracting Officer sends out discussion letters addressing only the required elements (deficiencies and significant weaknesses) without addressing regular weaknesses.
Question: Does the Contracting Officer's act of not addressing weaknesses with any quoter constitute a problem/issue?