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Reinstatement to Competitive Range - unfair if a newly reinstated offer or doesn’t get as many chances for revision as other offerors?


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hello - I haven’t found anything on point so I am hoping someone might have some thoughts. An agency established a competitive range in a FAR Part 15, eliminated a number of offerors, sent them exclusion letters. A new CO comes on board and decides to admit to the competitive range the excluded ones in a later round of discussions. Question: those offerors that have always been in the competitive range got a number of opportunities for revision during the successive rounds. Those that were just just admitted in the later round got one chance. I know under GAO opinions if a CO revises the competitive range, offerors that had been excluded can be admitted. BUT if they still don’t get award can they claim an unfair competitive advantage based on the fact they only got one chance for revision. Intuitively I don’t think so as long as they were told of their deficiencies and significant weaknesses ( which is what the FAR requires). I don’t think there is any requirement for the agency to level the playing field anymore.  Any thoughts?

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22 hours ago, LindaF said:

Any thoughts?

 

22 hours ago, LindaF said:

Intuitively I don’t think so as long as they were told of their deficiencies and significant weaknesses ( which is what the FAR requires).

My thought is the same as yours.

Putting a firm back in may give hope of a possible award but when I think about it, the firm was excluded from the competitve range originally.   At least the firm did get a chance to put it best foot forward.

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