Carolyn Bergeman Langelotti - Comments

This comment concerns proposed amendment to 23 CFR Part 636 to permit contracting agencies to incorporate unsuccessful offerors' concepts into contracts with winning offerors after source selection. This action will only serve to limit competition further. It also inadvertently promotes, or at least makes easier, unethical actions by agencies to select contractors they have pre-determined to be their preference. Overall, I believe this amendment is unfair to unsuccessful offerors', especially considering the small stipends typically paid. Agencies should not be surprised when contractor's respond "in kind" (that is in ways that many agencies would perceive as unfair or unethical).