---
kind: "section"
citation: "23 C.F.R. § 636.503"
title: "23"
number: "636.503"
heading: "Must I notify offerors of my intent to use/not use discussions?"
url: "https://uscodex.org/cfr/23/636.503"
---

# §636.503. Must I notify offerors of my intent to use/not use discussions?


Yes, in competitive acquisitions, the solicitation must notify offerors of your intent. You should either:

- (a) Notify offerors that discussions may or may not be held depending on the quality of the proposals received (except clarifications may be used as described in [§ 636.401](/cfr/23/636.401.md)). Therefore, the offeror's initial proposal should contain the offeror's best terms from a cost or price and technical standpoint; or
- (b) **Notify offerors of your intent to establish a competitive range and hold discussions.**

## 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.