FAR 15.503—Notifications to unsuccessful offerors.

Prompt exclusion notice

When an offeror is excluded from the competitive range or otherwise eliminated, the contracting officer must notify the offeror promptly in writing. The notice must state the basis for the determination and make clear that proposal revisions will not be considered.

Small business preaward notice

For small business set-asides and certain socioeconomic small business procedures, the contracting officer must also notify each offeror in writing before award, after negotiations and responsibility determinations are complete. The notice must identify the apparently successful offeror, state that no further proposal revisions will be considered, and tell offerors they need not respond unless they have a basis to challenge the apparent awardee’s size or small business status.

Exceptions to small business notice

The special preaward notice is not required if the contracting officer documents that urgency requires award without delay or if the contract is awarded under the 8(a) program. These exceptions recognize situations where advance notice would be impracticable or unnecessary under the program rules.

Postaward notice timing

Within 3 days after award, the contracting officer must provide written notice to each offeror in the competitive range that was not selected for award, or that had not already received a preaward notice under paragraph (a). This is a mandatory postaward communication tied to negotiated procurements.

Required postaward content

The postaward notice must include the number of offerors solicited, the number of proposals received, the name and address of each awardee, the items, quantities, and any stated unit prices of each award, and a general explanation of why the offeror was not selected unless the price information already makes the reason obvious. If listing unit prices is impracticable, the total contract price may be provided initially, but the detailed award information must still be made publicly available upon request.

Protection of confidential information

The contracting officer may not disclose another offeror’s cost breakdown, profit, overhead rates, trade secrets, manufacturing processes and techniques, or other confidential business information. The notice requirement must be carried out without revealing protected proprietary or source selection-sensitive information.

Requested information in simplified acquisitions

For simplified acquisition procedures, the contracting officer must furnish the postaward information described in the rule upon request to unsuccessful offerors. This creates a request-based disclosure obligation rather than an automatic notice requirement.

Requested information after preaward exclusion

If an offeror already received a preaward notice that it was excluded from the competitive range, the contracting officer must provide the postaward information described in the rule upon request. This ensures excluded offerors can still learn the basic award outcome after award.

Contracting Officer

Issue prompt written preaward notices when proposals are excluded from the competitive range or otherwise eliminated; provide the required small business preaward notices when applicable; document any urgency or 8(a) exception; send postaward notices within 3 days to the required offerors; furnish requested postaward information in simplified acquisitions and to previously excluded offerors; and protect confidential and proprietary information from disclosure.

Offeror

Review exclusion or award notices promptly, and if a small business status or size challenge basis exists, decide whether to pursue the appropriate challenge or protest avenue. In simplified acquisitions or after preaward exclusion, request the postaward information if needed to understand the award outcome.

Agency

Ensure contracting personnel follow the timing, content, and confidentiality requirements of the notice rules; support proper documentation of exceptions; and maintain procedures that align notice practices with small business program requirements and source selection protections.

Apparently Successful Offeror

Be prepared for the possibility that its name and address will be disclosed in a preaward small business notice and that its size or socioeconomic status may be challenged if an offeror has a valid basis to do so.