Overview
FAR 15.206 outlines the mandatory procedures a Contracting Officer (CO) must follow when the Government changes its requirements, terms, or conditions after a solicitation has been issued. It ensures that all eligible offerors are notified of changes and maintains the integrity of the competitive process.
Key Rules
- Mandatory Amendments: The CO must issue an amendment whenever the Government changes its requirements or terms and conditions, whether before or after proposals are received.
- Distribution Limits:
- Before Proposal Due Date: Amendments must be sent to everyone who received the original solicitation.
- After Proposal Due Date: Amendments are only sent to offerors who have not been eliminated from the competition.
- Substantial Changes: If a change after receipt of proposals is so significant that it would have likely attracted different bidders, the CO must cancel the original solicitation and issue a new one.
- Protection of Information: If an amendment is triggered by a specific offeror’s "departure" from stated requirements, the CO must ensure the amendment does not reveal proprietary solutions or protected information to other competitors.
- Oral Notices: Oral amendments are permitted for urgent needs but must be documented in the contract file and followed by a formal written amendment.
- Required Content: Every amendment must include specific identifiers, such as the amendment number, a description of the change, and any revisions to the closing date.
Practical Implications
- Level Playing Field: This section prevents "bait and switch" scenarios by ensuring that all active competitors are bidding on the exact same set of Government requirements.
- Protest Risk: Contracting Officers must carefully judge whether a change is "substantial"; failing to cancel and re-solicit for a major change can lead to bid protests from firms that would have otherwise competed.