1619 DISCUSSIONS WITH OFFERORS

1619.1 The contracting officer shall conduct written or oral discussions with all offerors in the competitive range, except in the following circumstances:

1. (a) If prices are fixed by law or regulation; or
2. (b) If it can be clearly demonstrated from the existence of full and open competition or accurate prior cost experience with the product or service that acceptance of the most favorable initial proposal without discussion would result in the lowest overall cost to the District at a fair and reasonable price.

1619.2 If discussions are held with offerors, the contracting office shall determine which proposals are in the competitive range, and shall conduct written or oral discussions with the offerors who submitted those proposals.

1619.3 If discussions are not held pursuant to §1619.1(b), the following requirements shall be met:

1. (a) All offerors must have been notified of the possibility that an award might be made without discussion; and
2. (b) The award must be made without any written or oral discussion with any offeror.

SOURCE: Final Rulemaking published at 35 DCR 1458 (February 26, 1988).