23 CFR § 636.504 - If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions?

---
identifier: "/us/cfr/t23/s636.504"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 636.504 - If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions?"
title_number: 23
title_name: "Highways"
section_number: "636.504"
section_name: "If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions?"
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"
---


# 636.504 If the solicitation indicated my intent was to award contract without discussions, but circumstances change, may I still hold discussions?

Yes, you may still elect to hold discussions when circumstances dictate, as long as the rationale for doing so is documented in the contract file. Such circumstances might include situations where all proposals received have deficiencies, when fair and reasonable prices are not offered, or when the cost or price offered is not affordable.