You might think that a good solicitation should never require any changes or amendments at all. While this seems like it is true it is rare for a solicitation package to be issued by the Government without a resulting amendment of some kind. Contractors most often associate solicitation amendments with Government misunderstanding and errors. Many times, misunderstanding and administrative mistakes on the contractor’s part contribute to an unsuccessful offer or bid. It is very important on the part of the prospective contractor to understand the fundamentals of solicitation amendments, as well as the key components that make up the process. A good working knowledge of solicitation amendments and how it affects the contractor’s offer or bid are foundational in doing business with any federal agency.
So why does the Solicitation need to be amended anyway? Once the solicitation package has been posted or issued the Government is required to issue written amendments to make any changes to it. When using sealed bidding FAR part 14 states in 14.208(a), “If it becomes necessary to make chances in quantity, specifications, delivery schedules, opening dates, etc., or to correct a defective or ambiguous invitation, such changes shall be accomplished by amendment of the invitation for bids using the Standard Form 30…” When using Negotiation, FAR 15.206(a) states, “When, either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the Contracting Officer shall amend the solicitation.” This also applies when using commercial item solicitations utilizing the SF 1449 with an RFQ under FAR Part 13 simplified, IFB under FAR Part 14 sealed bidding or negotiation RFP under FAR Part 15.
Now let’s discuss the details of when a solicitation amendment is allowed and when it is not. For Sealed Bidding under FAR Part 14 the Government is required to issue amendments or changes to their issued package prior to the bid opening date. Solicitation changes are not allowed after the bids have been opened. If a change described in 14.208 is required after the bids are received and opened publicly the Government must cancel the solicitation and re-issue or convert it to a negotiated procurement and follow the associated negotiation procedures under FAR Part 15. For negotiated solicitations under FAR Part 15 the Government can amend a solicitation any time prior to award. This is a distinct difference that allows much greater flexibility to both the Government and the contractor providing an offer, however, it can and does create confusion when the process is not clear and concisely handled or understood by one or both parties.
Whether amending a sealed bid or a negotiated solicitation the Government must address any specific changes in the solicitation, correctly identify and provide the amendment to the proper individuals and ensure that they address any extended bid opening or proposal due date. An extension is not always needed or required, but it is vital that the contractor closely monitor that aspect of the amendment to ensure their proposal or bid is not late.
Once the contractor has received the solicitation and has all the associated amendments, acknowledgement of the changes made to the originally issued solicitation is required. This is traditionally accomplished on the Standard Form 33, block 14. To acknowledge the solicitation amendments the contractor merely inserts the amendment number and date issued and by doing so is acknowledging that their offer or bid incorporates or includes these changes. When the Government is using commercial item procurement it is still required that the contractor ensure that they acknowledge any amendments to that issued SF 1449 solicitation document. While amendments to commercial item solicitations may occur less often, the acknowledgement of any amendments is still a requirement. In simple terms, it is important that the contractor understand that acknowledging the amendments issued means the offer or bid incorporated these changes and that the contractor agrees with them, that the associated product or service delivered will comply with these amended changes to the original solicitation package issued by the Government and the prices proposed or bids cover all changes made to the solicitation. It is also very important to remember the offer or bid can be considered non-responsive by the Government if amendments are not acknowledged.
The last component of this discussion, the ‘How’ the Government amends their solicitations covers the aspect of ensuring that all who received or obtained the original solicitation also receive any associated amendments. In today’s electronic procurement and e-Government world this is generally a matter of posting the amendment where the original solicitation was also posted. If, however, a contractor is obtaining solicitation documents via a third party rather than from the agency directly it is very important that they understand their responsibility to monitor and watch for any amendments up to the bid opening date of IFB’s and/or up to the actual award of any negotiated RFP. It is important to remember that because the solicitation can be amended after receipt of proposals the Government is required to ensure that all offerors submitting proposals or those who have not been eliminated from the competition receive or have access to solicitation amendments. While this may appear to alleviate the contractor from monitoring these amendments, the need to ensure the offer acknowledges and incorporates the changes made under all solicitation amendments for RFP’s is not changed.
Clearly, there is a definite need for understanding the basics of solicitation amendments, why they are done, when they are allowed and how they are accomplished. It is very important for the contractor and the Government to be on the same understanding of solicitation amendments and how they are considered in the evaluation and acceptance of the contractor’s offer or bid.