Communications before contract award

Communications before contract award are the exchanges between a procuring authority and prospective bidders during the solicitation and evaluation period, before any contract is awarded. They are normally controlled through a designated contracting officer or procurement service, and they must follow the communication procedures set out in the solicitation.

The term describes a phase of procurement, not a contract type. It covers bidder questions and clarifications, formal exchanges during proposal evaluation, and, where the procedure allows, dialogue or discussions. NATO procurement documents describe this activity with wording such as "communications", "all communication related to this RFP" and "pre-solicitation exchanges".

Who may speak to bidders during the solicitation period

NATO solicitations name a single channel for bidder contact. One NATO request for proposals states that communications between a firm and NATO during the solicitation and evaluation period may take place only through a member of the NATO IS Procurement Service, and that only those officials may answer inquiries about the RFP. The text is in NATO RFP 2013-22.

HQ Supreme Allied Commander Transformation (HQ SACT) uses the same approach. Its solicitations require all communications related to the RFP between a prospective bidder and HQ SACT to go through the nominated Contracting Officer, as in this HQ SACT invitation for bids. Another HQ SACT solicitation, RFP 026037 amendment 2, requires that there be no contact with other HQ SACT personnel about the RFP. It explains that the rule exists to ensure fair and open competition and equal consideration of bidders.

Formal clarification at NCIA

The NATO Communications and Information Agency (NCIA) applies the same discipline to questions. Its procurement process page states that communications during the clarification-request phase are conducted formally as part of the clarification process. Contracting officers cannot answer companies' questions during that phase outside the formal process.

Exchanges that NATO's procurement manual recognizes

The NATO International Staff procurement manual recognizes contact on both sides of the solicitation. Before solicitation, it allows pre-solicitation exchanges, which can be used to validate the intended solicitation strategy. During evaluation, it states that communications may occur before a competitive-range recommendation, to determine whether a proposal should be included in the competitive range.

The manual also covers what follows the evaluation. It requires notification of the award and provides for debriefing unsuccessful bidders that remained in competition.

Protocols the solicitation must set out

NATO's competitive procurement procedure says solicitation documents must specify communication protocols and timeframes. These apply to:

• clarifications
• amendments
• dialogue
• down-selection
• bid alterations
• debriefing
• disputes

This means the solicitation itself is the authority on how and when a bidder may communicate. Open competition, controlled communications and equal treatment of bidders are the principles behind these rules.

What it means for a Canadian supplier

A Canadian supplier responding to a solicitation issued by NATO, NCIA or HQ SACT should treat the communication clause as a binding instruction. The documented requirements are to:

• use only the contracting officer and channel named in the solicitation;
• send questions, clarifications, correspondence and any bid changes through the prescribed formal process;
• avoid informal contact with technical or other staff where the solicitation prohibits it;
• keep to the stated deadlines and procedures for clarifications, amendments, discussions and disputes.

Read the communication section of each solicitation before drafting a question, and assign one person on the bid team to handle all contact with the contracting officer.