Competitive Range
The subset of proposals selected by the contracting officer for further consideration and discussions based on their technical ratings and price, from which the final award will be made.
The competitive range is the group of offerors determined by the contracting officer to be the most highly rated proposals, with which the government conducts discussions before requesting Best and Final Offers. FAR 15.306 governs the establishment of the competitive range. Not all proposals that are submitted are necessarily included.
How the Competitive Range Is Established
After initial evaluation of all proposals, the contracting officer establishes a competitive range composed of the most highly rated proposals unless the number of proposals in range makes discussions impracticable. In those cases the range may be limited to the greatest number that will permit efficient competition. The CO must notify offerors excluded from range in writing.
Implications of Exclusion
Being excluded from the competitive range effectively eliminates a contractor from the competition. The CO is required to provide written notice of exclusion and offer a preaward debriefing if requested. A competitor excluded from range may file a bid protest challenging the exclusion decision, but must do so within specified timeframes to preserve protest rights.
Discussions Within Competitive Range
Once range is established, the CO conducts written or oral discussions with each offeror. The FAR requires the CO to discuss deficiencies, significant weaknesses, and aspects of proposals that could be altered to improve the rating. The CO is not required to reveal other offerors' prices or scores, but must give each offeror a fair opportunity to address evaluated weaknesses.
Requesting Inclusion in Range
When a proposal is at risk of exclusion, some contractors request an opportunity to clarify specific aspects of their offer before the range determination. FAR permits limited clarifications that do not constitute discussions. This is a narrow window and should not be relied upon as a substitute for submitting a strong initial proposal.
Frequently asked questions
Can you protest being excluded from competitive range?
Yes. A contractor excluded from the competitive range may request a preaward debriefing and has the right to file a bid protest with the Government Accountability Office or the Court of Federal Claims. Protest must be filed within 10 days of receiving the exclusion notice to preserve GAO protest rights.
Does every procurement include a competitive range determination?
No. When a solicitation states that award may be made without discussions, the government can skip the competitive range process entirely and award based on initial proposals. Competitive range determinations are most common in large, complex best-value acquisitions where discussing proposal weaknesses with offerors is expected to improve the government's outcome.