---
kind: "section"
citation: "23 C.F.R. § 636.407"
title: "23"
number: "636.407"
heading: "Am I limited in holding communications with certain firms?"
url: "https://uscodex.org/cfr/23/636.407"
---

# §636.407. Am I limited in holding communications with certain firms?


Yes, if you establish a competitive range, you must do the following:

- (a) Hold communications with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range;
- (b) Address adverse past performance information to which an offeror has not had a prior opportunity to respond; and
- (c) Hold communications only with those offerors whose exclusion from, or inclusion in, the competitive range is uncertain.

## Notes

### Authority

Authority: Sec. 1503 of Pub. L. 109-59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b).

### Source

Source: 67 FR 75926, Dec. 10, 2002, unless otherwise noted.