1639.1 Upon completion of discussions, the contracting officer shall issue to all offerors within the competitive range a request for best and final offers.

1639.2 The request for best and final offers shall include the following:

1. (a) Notice that discussions are concluded;
2. (b) Notice that this is the opportunity to submit a best and final offer;
3. (c) A common cut-off date and time that allows a reasonable opportunity for submission of written best and final offers; and
4. (d) Notice that if any modification is submitted, it must be received by the date and time specified and is subject to the provisions of this chapter covering late proposals.

1639.3 After evaluation of the best and final offers, the contracting officer may award the contract to the highest-ranked offeror, considering only price and other factors included in the solicitation. The contracting officer may negotiate further with the highest-ranked offeror prior to award in accordance with §1634.

SOURCE: Final Rulemaking published at 60 DCR 1136 (February 1, 2013).