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  • Question

    What is the process to cancel solicitation under FAR 12 and FAR 15?


    Answer

    1. The references quoted below in pertinent part are applicable to this response,

    FAR 12.203 -- Procedures for Solicitation, Evaluation, and Award
    Contracting officers shall use the policies unique to the acquisition of commercial items prescribed in this part in conjunction with the policies and procedures for solicitation, evaluation and award prescribed in Part 13, Simplified Acquisition Procedures; Part 14, Sealed Bidding; or Part 15, Contracting by Negotiation, as appropriate for the particular acquisition.

    FAR 15.206 -- Amending the Solicitation
    (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.

    (b) Amendments issued before the established time and date for receipt of proposals shall be issued to all parties receiving the solicitation.

    (c) Amendments issued after the established time and date for receipt of proposals shall be issued to all offerors that have not been eliminated from the competition.

    (e) If, in the judgment of the Contracting Officer, based on market research or otherwise, an amendment proposed for issuance after offers have been received is so substantial as to exceed what prospective offerors reasonably could have anticipated, so that additional sources likely would have submitted offers had the substance of the amendment been known to them, the Contracting Officer shall cancel the original solicitation and issue a new one, regardless of the stage of the acquisition.

    2. As indicated in FAR 12.203, FAR Part 12 policies are used in conjunction with the policies and procedures for solicitation as prescribed in FAR Part 15. There is no specific process set forth in FAR Part 12 for cancelling solicitations.

    3. A solicitation cancellation would occur if there were a significant change to the Government’s requirements or if the requirement itself were no longer needed. Therefore, based on the process for amending solicitations as described in FAR 15.206, the common practice would be to issue a formal RFP amendment to cancel a solicitation issued under FAR Part 15 procedures. If the solicitation is to be cancelled before the established time and date for receipt of proposals, then the RFP amendment would be posted to the Government Point of Entry (GPE) (e.g., FedBizOpps) and issued to all firms known to have received the solicitation. If the solicitation is to be cancelled after the established time and date for receipt of proposals, then the RFP amendment would be issued to all offerors that have not been eliminated from the competition.

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