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Updating Clauses before award


anoncon

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Changing the terms and conditions is a change. FAR 15.206( a ) reads, "When, either before or after receipt of proposals, the Government changes its requirements or terms and conditions, the contracting officer shall amend the solicitation."

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Is there a requirement to update clauses after release of a solicitation and before awarding a contract.

If so, would this update require an amendment to the solicitation and revised proposal?

See FAR 1.108(d) -

"(d) Application of FAR changes to solicitations and contracts. Unless otherwise specified—

(1) FAR changes apply to solicitations issued on or after the effective date of the change;

(2) Contracting officers may, at their discretion, include the FAR changes in solicitations issued before the effective date, provided award of the resulting contract(s) occurs on or after the effective date; and

(3) Contracting officers may, at their discretion, include the changes in any existing contract with appropriate consideration."

Per (d)(1), I think there is not a requirement to update clauses, although, per (d)(2), the CO has discretion. For example, the CO may choose not to update clauses if award will be made without discussions, but if discussions are held, the CO may choose to update.

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