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Chaptcr 4: Methods of Sclection <br />4.3.3.3.1 Acknowledgment of So{icitation Addenda <br />DISCUSSION <br />http:/~~ti~~+.Cta dot go~'fta'Iibran~~adminBPPman'scct 40.htm <br />Although the topic has been discussed in diflerent contexts,~~ one of the most critical submissions <br />that should be received with offers is an acknowledgment of any amendments to the solicitation. <br />These are the changes to the terms of the solicitation (including to the "boiterplate", the drawings, <br />specifications, scope of work, etc.) that in all likelihood have an impact on price or schedute. If an <br />amendment is not acknowledged, you do not know if the offeror is really of~'ering the same product <br />or service that you want. <br />Best Practices <br />There are two ways most agencies allow offerors to acknowledge receipt of amendments. <br />As we discussed in the section on the Solicitation,~g many agencies include on the solicitation form <br />itself, space for solicitation amendments to be acknowledged. <br />A second way is for the offeror to actually sign and date the amendment cover sheet and return it either at <br />the time of receipt or include it with the offer. <br />Seldom is it required by the agency, but it is not unusual for an offeror to fill in the space on the <br />solicitation form and return the amendment too. No problem from your standpoint -- just "overkill" by a <br />concerned offeror. If you see this situation frequently, you may want to check the instructions you have <br />provided to offerors and determine if there is some ambiguity about your acknowledgment requirements. <br />If you receive a bid or proposal and one or more of the issued amendments are not acknowledged, what <br />do you do? <br />Many times you are initially only looking at the low bidder's bid -- look at the other bidders and see if <br />they acknowledged the amendment. If not, there may be a mailroom or timeliness problem. <br />Are the changes to the solicitation made by the amendment material? <br />If the amendment is material, accumulate the documents and seek the advice of your legal counsel. <br />Particularly in an IFB procurement, you may have a low bid that is non-responsive and cannot be <br />considered for award. Depending upon how your agency conducts RFPs, the failure to acknowledge an <br />amendment is not usually "fatal" and you can ask for an acknowledgment during negotiations or <br />discussions. <br />You may wish to include in your procedures ar solicitations a provision for your determination regarding <br />the responsiveness of offers which do not acknowledge material addenda. Such a provision will reinforce <br />your discretion. <br />4.3.3.3.2 Bid Guarantv <br />35 of 45 O 1/10/97 13:09:5 t <br />