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The use of oral presentations is a technique which provides offerors with an opportunity to present information through verbal means as a substitute for information traditionally provided in written form under the cover of the offeror's proposal. The oral presentation is not a mere restatement or replication of written proposal information, but is in lieu of it. The purpose of using the oral presentation technique is to eliminate, or greatly reduce, the need for written material, where information can be conveyed in a more meaningful and efficient way through verbal means. Its major use has been to permit evaluators to receive information as to the capability of the offeror -- generally demonstrating its understanding of the work or describing how the work will be performed -- directly from the key members of the offeror's team that will actually perform the work. In a number of cases, the evaluators have conducted the oral presentation in the form of an interview, probing for additional information, posing sample tasks or using other techniques to test the ability of the offeror's team. Within the Federal acquisition community, the terms "oral presentation" and "oral proposal" have been used interchangeably. Both from a legal and practical perspective, debate exists over the proper characterization of the concept with regard to the identification and segregation of information submitted under the cover of the proposal. At the heart of the debate is the issue of whether certain types of information traditionally considered as the "proposal" should be considered part of the "offer"(that is, contractual commitments) or supplementary to it. However, the need to distinguish between information and the actual offer is a valid concern regardless of the medium used to convey the information. Accordingly, this is not solely an issue related to information presented orally. Throughout the government and industry acquisition community, the term "proposal" has generically referred to all information provided by an offeror to the Government in response to a solicitation. A major factor in the perception that all information, facts, data, and promises to perform submitted by an offeror constitute the "proposal" may, in fact, be the result of the current definition of "offer" found at FAR 2.101, which states that an offer means "a response to a solicitation that, if accepted would bind the offeror to perform the resultant contract" (emphasis added). [This same section of the FAR defines "proposal" as an offer submitted in response to a Request for Proposals.] First, a broad interpretation of the word "response" would seem to foster the traditional view that any and all information provided by the offeror constitutes the proposal. Second, the definition in the FAR does not state that the "offer" in fact becomes the contract, but rather that it binds the offeror to perform the resultant contract. Finally, the FAR definition of offer does not specify that all portions of an offer must be in writing. The term "oral presentation," as used herein, refers to the oral presentation of proposal information, where proposal is used in the generic and generally-accepted manner to mean any information submitted by an offeror in response to the solicitation. This is not to minimize the potential legal ramifications of not properly identifying those portions of the offeror's proposal intended to become part of the contract. Accordingly, Contracting Officers must exercise great care in identifying in the solicitation that information which the Government intends to include in the
contract. For less complex procurements, this distinction may be a relatively easy exercise. For more complex procurements, the task may be more formidable.
Can Save Significant Procurement Lead Time Can Improve Communication and the Exchange of Information Between Government and Offerors Can Reduce Government Costs Can Reduce Offerors' Costs and Increase Competition Can Make Customers Feel More Involved in Contract Selection and Award