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  • Question

    Can the Government enter into a contract with the knowlege that an immediate modification will be necessary prior to the commencement of work, or, should the Government cancel the current solicitation (post bid opening but prior to award) and resolicit with the change of requirements? The change of requirements being the creation of bid alternates to the project which do not exist in the current solicitation.


    Answer

    Generally, the Federal Acquisition Regulation (FAR) 14.404-1(a)(1) states that, "Preservation of the integrity of the competitive bid system dictates that, after bids have been opened, award must be made to that responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to reject all bids and cancel the invitation." 

    FAR 14.404-1(c) says, " Invitations may be cancelled and all bids rejected before award but after opening, consistent with subparagraph (a)(1) of this section, the agency head determines in writing that-
    (1) inadequate or ambiguous specifications were
    cited in the invitation; or
    (2) Specifications have been revised. 

    From your
    question it seems that you have revised your requirement.  Under these circumstances the contracting officer should proceed with a new acquisition, see 14.404-1(e)(2). 

    However, since we do not have all the facts and circumstances relative to your case you should seek legal advice considering the intent of the language in FAR 14.404-1

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