Sign In
  • Question

    Have not found any information regarding amending bid opening date and shortening response time and the ramifications that it can have. Are there any references, protests regarding this type of situation?


    You must provide at least 30 days, per FAR 14.202-1.Here's the FAR coverage: 
    14.202-1 Bidding time.
    (a) Policy. A reasonable time for prospective bidders to prepare and submit bids shall be allowed in all invitations, consistent with the needs of the Government. (For construction contracts, see 36.213-3 < 36_2.html#wp1084320> (a).) A bidding time (i.e., the time between issuance of the solicitation and opening of bids) of at least 30 calendar days shall be provided, when synopsis is required by Subpart 5.2 < 5_2.html#wp1107980> .
    (b) Factors to be considered. Because of unduly limited bidding time, some potential sources may be precluded from bidding and others may be forced to include amounts for contingencies that, with additional time, could be eliminated. To avoid unduly restricting competition or paying higher-than-necessary prices, consideration shall be given to such factors as the following in establishing a reasonable bidding time:
    (1) Degree of urgency;
    (2) Complexity of requirement;
    (3) Anticipated extent of subcontracting;
    (4) Whether use was made of presolicitation notices;
    (5) Geographic distribution of bidders; and
    (6) Normal transmittal time for both invitations and bids. 
    If you've extended it and now want to reduce it, you are opening yourselves up to charges that you are reducing competition. The GAO has repeatedly said that one of the contracting officer's principal duties is to "maximize competition", so if a potential bidder could show that it's ability to submit a bid was reduced, and there is an incumbent that already had an inherent advantage in terms of bid preparation. 
    There are many GAO protests decisions on timeliness, but to the best of my knowledge none that match your fact situation.  

    Open full Question Details