1633. AWARD WITHOUT DISCUSSIONS

1633 AWARD WITHOUT DISCUSSIONS 1633.1 Discussions are not necessary: (a) If prices are fixed by law or regulation; or (b) It can be clearly demonstrated from the existence of full and open competition or prior cost experience with the goods or services that acceptance of the most advantageous initial proposal without discussion would result in a fair and reasonable price. 1633.2 If discussions are not held pursuant to § 1633.1(b), the contracting officer may elect to award the contract to the highest ranked offeror, provided that: (a) All offerors have been notified of the possibility that an award might be made without discussions; and (b) The terms of the contract are within the scope of the RFP; and (c) The award must be made without any written or oral discussions with any offeror. SOURCE: Notice of Emergency and Proposed Rulemaking published at 58 DCR 150 (January 7, 2011)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 4039 (May 6, 2011)[EXPIRED]; as amended by Notice of Emergency and proposed Rulemaking published at 58 DCR 8080 (September 16, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 9826 (November 18, 2011); as amended by Final Rulemaking published at 60 DCR 1136 (February 1, 2013).