(a) The terms “responsiveness” and “nonresponsive” do not apply to negotiated acquisitions. FAR 14.202-4(b)(2) and (4) do not apply to the use of bid samples under this subpart.
(b) Instead of FAR 14.202-4(b)(2) and (4), apply the following:
(1) Use bid samples in the technical evaluation of proposals to both:
(i) Determine the acceptability of the samples to meet GSA’s requirement.
(ii) Ensure compliance with all subjective and objective characteristics listed in the solicitation.
(2) If you conduct written or oral discussions, you may exclude a proposal from further consideration for award only if you meet all the following conditions:
(i) You discussed with the offeror any deficiencies found in the samples.
(ii) You gave the offeror an opportunity to correct those deficiencies.
(iii) The sample still fails to conform to each of the characteristics listed in the solicitation. (See FAR 15.609 and 15.610).
