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VA posted an RFI asking for pricing on supplies we already sell them. Does our answer lock us in?

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We're a small medical supplies distributor in central Florida and most of our VA business is open market orders through the local medical center. This week a VA network contracting office posted an RFI on SAM.gov for the same wound care and exam room items, and it asks for a price list, lead times and our manufacturer authorization letters.

My worry is the pricing. If I put real numbers in, can they hold us to them later when the actual solicitation comes out? And if I pad them to stay safe, does that hurt us when they decide whether to set it aside?

I've never answered one of these before. I've only quoted direct to the buyer at the facility. Is an RFI response binding, and how much pricing detail should a small reseller actually give?

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asked Lorena D. Owner, medical supplies distributor · Lakeland, FL · 26 rep

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FAR 15.201(e) says RFI responses are not offers and can't be accepted by the Government to form a binding contract. So no, your price list doesn't lock you in. When the real solicitation comes out, you price that one fresh.

The RFI is market research under FAR Part 10. On a VA buy, that research is what the contracting office leans on for the VAAR 819.7005 rule of two: do they expect offers from two or more eligible veteran-owned firms at a fair and reasonable price. Your numbers feed the price side of that picture, along with what the medical center already pays you on open market orders.

That's why I wouldn't pad. Inflated prices make the market look more expensive than it is, and they already have your real invoices to compare against. Give the prices you'd actually quote today, say what drives them (manufacturer cost, freight, order size), and note they're for planning only.

What we do on guard service RFIs:
- Mark the pricing pages proprietary
- Answer every question they ask, in their order
- Include the manufacturer authorization letters, since the nonmanufacturer rule comes up on any reseller set-aside
- Keep it short

Also look for FAR 52.215-3 in the notice. It says your response is treated as information only and won't be used as a proposal.

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answered Marisol V. Operations manager, security guard company · Henderson, NV · 13 rep
That helps. I'll send the same prices our medical center buyer already sees, mark those pages proprietary, and put the authorization letters right up front since two of our wound care lines come through a single manufacturer. · Lorena D. ·
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Marisol is correct that an RFI response is not binding and the VA cannot hold you to the prices you submit. The pricing detail you provide helps the contracting office determine if they will set aside the eventual solicitation for small businesses. If you pad your numbers, you risk making the market appear less competitive than it is, which could lead the contracting officer to conclude there aren't two or more small businesses that can offer fair and reasonable prices. Provide your actual current pricing and clearly state that the prices are for market research purposes only and are subject to change in a formal quote or proposal.

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answered Dave H. Verified vendorParts distributor, DLA and DIBBS · Dayton, OH · 357 rep

Your answer

Sign up to answerCite the FAR clause or procurement code where you can.

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