23 CFR § 636.407 - Am I limited in holding communications with certain firms?

---
identifier: "/us/cfr/t23/s636.407"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 636.407 - Am I limited in holding communications with certain firms?"
title_number: 23
title_name: "Highways"
section_number: "636.407"
section_name: "Am I limited in holding communications with certain firms?"
chapter_name: "FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION"
subchapter_number: "G"
subchapter_name: "ENGINEERING AND TRAFFIC OPERATIONS"
part_number: "636"
part_name: "DESIGN-BUILD CONTRACTING"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Sec. 1503 of Pub. L. 109-59, 119 Stat. 1144; Sec. 1307 of Pub. L. 105-178, 112 Stat. 107; 23 U.S.C. 101, 109, 112, 113, 114, 115, 119, 128, and 315; 49 CFR 1.48(b)."
regulatory_source: "67 FR 75926, Dec. 10, 2002, unless otherwise noted."
cfr_part: "636"
---


# 636.407 Am I limited in holding communications with certain firms?

Yes, if you establish a competitive range, you must do the following:

(a) Hold communications with offerors whose past performance information is the determining factor preventing them from being placed within the competitive range;

(b) Address adverse past performance information to which an offeror has not had a prior opportunity to respond; and

(c) Hold communications only with those offerors whose exclusion from, or inclusion in, the competitive range is uncertain.