Exchanges With Industry Before Receipt of Proposals (4-4) Part 15 of the Federal Acquisition Regulations (FAR) “prescribes [the] policies and procedures governing competitive and noncompetitive negotiated acquisitions.” One component of negotiated acquisitions that occurs early in the acquisition process is the solicitation of proposals. FAR 15.201, titled, “Exchanges with Industry before Receipt of Proposals,” regulates the type and manner of communications, also sometimes referred to as exchanges, which can – and cannot – take place between the Government and potential suppliers prior to the receipt of a potential supplier’s proposal and the subsequent award of a contract.
This paper will address a few of the various types and formats of exchanges that might occur between the Government and potential suppliers prior to the Government’s receipt of proposals, and the manner in which some of these exchanges are to occur; some of the legal, regulatory, and logistical considerations that a Program Manager, Contracting Officer, or other Government participant in the acquisition process might need to be mindful of when conducting discussions; and the diligence and care that must be utilized by the Government team members when conducting exchanges with potential suppliers before the receipt of proposals in order to avoid issues that may arise later in the procurement process. Exchanges of information can take place either before, after, or both before and after the official release of a solicitation. However, if an exchange occurs after the official release of the Government’s solicitation, it is important to note that the Contracting Officer must be the sole focal point for a potential supplier in the information exchange process.
According to information described in the Defense Acquisition University (DAU) website’s ACQuipedia article on Responding to