48 C.F.R. § 15.503

15.503 Notifications to unsuccessful offerors.

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(a) Preaward notices—(1) Preaward notices of exclusion from competitive range. The contracting officer shall notify offerors promptly in writing when their proposals are excluded from the competitive range or otherwise eliminated from the competition. The notice shall state the basis for the determination and that a proposal revision will not be considered.

(2) Preaward notices for small business programs. (i) In addition to the notice in paragraph (a)(1) of this section, the contracting officer shall notify each offeror in writing prior to award and upon completion of negotiations and determinations of responsibility—

(A) When using a small business set-aside (see subpart 19.5);

(B) When using the HUBZone procedures in 19.1305 or 19.1307;

(D) When using the Women-Owned Small Business Program procedures in 19.1505.

(ii) The notice shall state—

(A) The name and address of the apparently successful offeror;

(B) That the Government will not consider subsequent revisions of the offeror's proposal; and

(C) That no response is required unless a basis exists to challenge the size status or small business status of the apparently successful offeror (e.g., small business concern, small disadvantaged business concern, HUBZone small business concern, service-disabled veteran-owned small business concern, economically disadvantaged women-owned small business concern, or women-owned small business concern eligible under the Women-Owned Small Business Program).

(iii) The notice is not required when the contracting officer determines in writing that the urgency of the requirement necessitates award without delay or when the contract is entered into under the 8(a) program (see 19.805-2).

(b) Postaward notices. (1) Within 3 days after the date of contract award, the contracting officer shall provide written notification to each offeror whose proposal was in the competitive range but was not selected for award (10 U.S.C. 3304 and 41 U.S.C. 3704) or had not been previously notified under paragraph (a) of this section. The notice shall include—

(i) The number of offerors solicited;

(ii) The number of proposals received;

(iii) The name and address of each offeror receiving an award;

(iv) The items, quantities, and any stated unit prices of each award. If the number of items or other factors makes listing any stated unit prices impracticable at that time, only the total contract price need be furnished in the notice. However, the items, quantities, and any stated unit prices of each award shall be made publicly available, upon request; and

(v) In general terms, the reason(s) the offeror's proposal was not accepted, unless the price information in paragraph (b)(1)(iv) of this section readily reveals the reason. In no event shall an offeror's cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information be disclosed to any other offeror.

(2) Upon request, the contracting officer shall furnish the information described in paragraph (b)(1) of this section to unsuccessful offerors in solicitations using simplified acquisition procedures in part 13.

(3) Upon request, the contracting officer shall provide the information in paragraph (b)(1) of this section to unsuccessful offerors that received a preaward notice of exclusion from the competitive range.

[62 FR 51230, Sept. 30, 1997, as amended at 63 FR 35721, June 30, 1998; 63 FR 36121, July 1, 1998; 63 FR 70267, Dec. 18, 1998; 65 FR 80265, Dec. 20, 2000; 66 FR 17756, Apr. 3, 2001; 66 FR 66986, 66990, Dec. 27, 2001; 69 FR 25276, May 5, 2004; 76 FR 18309, Apr. 1, 2011; 79 FR 24202, Apr. 29, 2014; 79 FR 43582, July 25, 2014; 79 FR 61750, Oct. 14, 2014; 87 FR 73898, Dec. 1, 2022]

Notes of Decisions

Cited in 14 cases, 2000–2020 · leading case: Canadian Com. Corp. v. Dep't of Air Force, 514 F.3d 37 (D.C. Cir. 2008).

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Canadian Com. Corp. v. Dep't of Air Force, 514 F.3d 37 (D.C. Cir. 2008). · cites it 2× “48 C.F.R. § 15.503 (b)(1)(iv) (contract unit prices "shall be made publicly available"); id.”

Inserso Corp. v. United States, 961 F.3d 1343 (Fed. Cir. 2020). “48 C.F.R. § 15.503 (b)(1)(iv) (“Within 3 days after the date of contract award, the contracting officer shall pro- vide written notification to each offeror whose proposal was in the competitive range but was not selected for award .”

MCI Worldcom, Inc. v. Gen. Servs. Admin., 163 F. Supp. 2d 28 (D.D.C. 2001). · cites it 4× “48 C.F.R. §§ 15.503 (b)(1) and 15.506(d)(2).”

MTB Grp., Inc. v. United States, 65 Fed. Cl. 516 (Fed. Cl. 2005). · cites it 4× “In the post-award context, 48 C.F.R. § 15.503 (b)(2) requires a contracting officer, upon request, to furnish certain information to an unsuccessful offeror, including the number of offerors solicited, the number of proposals received, the name and address of each offeror…”

KSEND v. United States, 69 Fed. Cl. 103 (Fed. Cl. 2005). · cites it 2× “” Finally, the DOL stated that, pursuant to 48 C.F.R. § 15.503 (2004), 2 the DOL would not consider further revisions of KSEND’s proposal.”

Reema Consulting Servs., Inc. v. United States, 107 Fed. Cl. 519 (Fed. Cl. 2012). “The controlling regulation, 48 C.F.R. § 15.503 (a)(2)(iii), in fact, indicates that such a "notice is not required .”

Mallinckrodt, Inc. v. West, 140 F. Supp. 2d 1 (D.D.C. 2000). · cites it 2× “In fact, with respect to most of the incentive or rebate programs, they would have absolutely no effect on the unit price, but rather, they would only add some unspecified value to the contract.”

Taylor Consultants, Inc. v. United States, 90 Fed. Cl. 531 (Fed. Cl. 2009). “” 48 C.F.R. § 15.503 (a)(2). Moreover, Section 121.”

Ravens Grp., Inc. v. United States, 78 Fed. Cl. 390 (Fed. Cl. 2007). “Pursuant to the requirements of 48 C.F.R. § 15.503 (b)(l)(iv), DIA disclosed Ravens’ total proposed price in its June 27, 2005, award notification letter to disappointed offerors.”

Excel Mfg., Ltd. v. United States, 111 Fed. Cl. 800 (Fed. Cl. 2013). “503(a)(1), 48 C.F.R. § 15.503 (a)(1) (2012); E.W. Bliss Co.”

Tin Mills Props., LLC v. United States, 82 Fed. Cl. 584 (Fed. Cl. 2008). “See 48 C.F.R. § 15.503 (a) (2008). . The Federal Acquisition Regulation (“FAR”) is codified in Title 48 of the Code of Federal Regulations.”

Ksend v. United States, 184 F. App'x 956 (Fed. Cir. 2006). “Labor further informed KSend that, pursuant to 48 C.F.R. § 15.503 , it would not consider further revision of the proposal.”

Show all 14 citing cases →

— 48 C.F.R. § 15.503(a)(4) — 1 case

GCC Enter., Inc. v. United States, 91 Fed. Cl. 1 (Fed. Cl. 2009).

— 48 C.F.R. § 15.503(b) — 1 case

MCI Worldcom, Inc. v. Gen. Servs. Admin., 163 F. Supp. 2d 28 (D.D.C. 2001). “48 C.F.R. §§ 15.503 (b)(1) and 15.506(d)(2).”

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