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  • Question

    Would it be possible to make an amendment to the solicitation and express clarity in the announcement (FBO) and give 3 days longer for the other three offeror's to clean up their packages?


    Answer


    FAR 15.206 (a) When either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the contracting officer shall amend the solicitation.

    You have not indicated that the Government needs to change its requirements or terms and conditions on the contrary the offerors did not submit the required information in their proposals therefore an amendment is not appropriate in this instance.

     
    FAR 15.305 (a) Proposal evaluation is an assessment of the proposal and the offeror’s ability to perform the prospective contract successfully.” If the offerors proposals demonstrate they can successfully perform the prospective contract they should be considered for award.  Your legal office may allow a clarification, see FAR 15.306 (a), “a limited exchange between Government and offerers, that may occur when award without discussions is contemplated”, thereby allowing the offerors to submit Section K to complete their proposals.  However, if your legal office will not allow this as a clarification, I suggest you include all offerors in the competitive range and then during discussions inform them of the deficiency, leaving out Section K of their proposal submission, and allow them to include Section K in the Final Proposal Revision (FPR). 

    I’m not sure this response will get to you in time.  You should have consulted your supervisory chain of command or legal office if you needed a quick response.


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