48 C.F.R. § 15.601
15.601 Definitions.
As used in this subpart—
Advertising material means material designed to acquaint the Government with a prospective contractor's present products, services, or potential capabilities, or designed to stimulate the Government's interest in buying such products or services.
Commercial product or commercial service offer means an offer of a commercial product or commercial service that the vendor wishes to see introduced in the Government's supply system as an alternate or a replacement for an existing supply item. This term does not include innovative or unique configurations or uses of commercial products or commercial services that are being offered for further development and that may be submitted as an unsolicited proposal.
Contribution means a concept, suggestion, or idea presented to the Government for its use with no indication that the source intends to devote any further effort to it on the Government's behalf.
Notes of Decisions
Cited in 14
cases (1 in the last 5 years), 1987–2022 · leading case: Info. Tech. & Applications Corp. v. United States, & Rs Info. Sys., Inc., 316 F.3d 1312 (Fed. Cir. 2003).
Info. Tech. & Applications Corp. v. United States, & Rs Info. Sys., Inc., 316 F.3d 1312 (Fed. Cir. 2003). “601 specified that clarifications were “for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal.”
YRT Servs. Corp. v. United States, 28 Fed. Cl. 366 (Fed. Cl. 1993). “Plaintiff cites to 48 C.F.R. § 15.601 (1991) to help define the concept of clarification as a means of “communication with an offeror for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal.”
CACI Field Servs., Inc. v. United States, 13 Cl. Ct. 718 (Ct. Cl. 1987). “601, 48 C.F.R. § 15.601 (1986). Defendant argues, based on (1) the CO’s two written requests for further clarification and detail on CACI’s proposal; (2) the March 19th meeting between the CO and CACI representatives; (3) two telephone requests by the CO for additional…”
Labat-Anderson, Inc. v. United States, 42 Fed. Cl. 806 (Fed. Cl. 1999). “” As noted above, clarifications are “for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal,” 48 C.F.R. § 15.601 ; the offeror may subsequently correct clerical mistakes but does not have the opportunity to submit…”
Int'l Resource Recovery, Inc. v. United States, 64 Fed. Cl. 150 (Fed. Cl. 2005). “2003) (quoting former 48 C.F.R. § 15.601 (1991)). Discussions, on the other hand, are “negotiations” between the Government and offerors which, in a competitive procurement, take place after the establishment of a competitive range.”
Day & Zimmermann Servs., A Div. of Day & Zimmermann, Inc. v. United States, 38 Fed. Cl. 591 (Fed. Cl. 1997). “See 48 C.F.R. § 15.601 (1996). Rather, defendant avers that, had the clarification at issue been communicated to DZS, such action would have invited a substantive response, i.”
Galen Med. Assocs., Inc. v. United States, 74 Fed. Cl. 377 (Fed. Cl. 2006). “(comparing 48 C.F.R. § 15.601 (1991), with 48 C.F.R.”
Strategic Analysis, Inc. v. United States Dep't of the Navy, 939 F. Supp. 18 (D.D.C. 1996). “” 48 C.F.R. § 15.601 . By contrast, a communication is a “discussion” if it “involves information essential for determining the acceptability of a proposal [or] provides the offeror an opportunity to revise or modify its proposal.”
Data Gen. Corp. v. Johnson, 78 F.3d 1556 (Fed. Cir. 1996). “48 C.F.R. § 15.601 (1994). Discussion, on the other hand, means any oral or written communication between the Government and an offeror (other than communications conducted for the purpose of minor clarification), whether or not initiated by the Government, that (a) involves…”
BMY, a Div. of Harsco Corp. v. United States, 693 F. Supp. 1232 (D.D.C. 1988). “48 C.F.R. § 15.601 (1987). While “[t]he content and extent of the discussions is a matter of the contracting officer’s judgment, based on the particular facts of each acquisition,” id.”
Blue Cross & Blue Shield of Maryland, Inc. v. United States Dep't of Health & Human Servs., 718 F. Supp. 80 (D.D.C. 1989). “48 C.F.R. § 15.601 defines “clarification” as follows: “Clarification,” as used in this subpart, means communication with an offeror for the sole purpose of eliminating minor irregularities, informalities, or clerical mistakes in the proposal.”
Dynalectron Corp. v. United States, 659 F. Supp. 64 (D.D.C. 1987). “” See 48 C.F.R. 15.601. If the conversations did in fact rise to the level of discussions, the Contracting Officer had a legal obligation to reopen such discussions with all of the parties.”
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