23 CFR § 636.505 - Must a contracting agency establish a competitive range if it intends to have discussions with offerors?

---
identifier: "/us/cfr/t23/s636.505"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "23 CFR § 636.505 - Must a contracting agency establish a competitive range if it intends to have discussions with offerors?"
title_number: 23
title_name: "Highways"
section_number: "636.505"
section_name: "Must a contracting agency establish a competitive range if it intends to have discussions with offerors?"
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"
---


# 636.505 Must a contracting agency establish a competitive range if it intends to have discussions with offerors?

Yes, if discussions are held, they must be conducted with all offerors in the competitive range. If you wish to hold discussions and do not formally establish a competitive range, then you must hold discussions with all responsive offerors.