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  • Question

    Do I need to amend the RFP? Can I set a competitive range of one and only hold discussions with the one bidder on their initial offer? More importantly, will the other IDIQ contractors have standing to protest (pre- or post-) the award?


    Answer

    It would appear to me that the change in requirements is substantial enough to warrant a cancellation and re-competition. This is a judgment call for the contracting officer, but there is no way to know if the original compatibility requirement drove the "no bids" from other potential competitors. Additionally, since you are using FAR 16.5, you are required to give all contract holders a "fair opportunity", unless you write a J&A and have it approved.   FAR 16.5 also generally requires you to award on a competitive basis, and having a competitive range of one is frowned upon. While you could argue the non-bidders already had a chance to compete on the original requirement, the fact is those same potential offerors never had a chance to compete for the revised requirement.
     
    Usually, non-bidders do not have standing to protest. However in this case, with both the change in requirements and the "fair opportunity" mandates under FAR 16.5, I believe the GAO would allow a protest to proceed and to be decided on the merits.

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