Notice of Amendment to RFP/RFQ/IFB
Q. We are trying to put together a Standard Operating Procedure for the purchasing department. A question under debate is the length of notice that is required when amending an IFB/RFQ/RFP. The Ohio Revised Code states that if an amendment changes the specification and if the amendment is issued less than 72 hours prior to the due date, then the due date must be extended for an additional five days. If the amendment does not change the specification, but is merely a clarification, is the required number of days prior to the due date reduced? My understanding is that the number of days prior to the due date is reduced to two days. Or, is there a clarification notice that can be used that has the two day or less required length of time?
A. We are not able to find any requirements in the FTA Circular 4220.1F or common grant rule (49 CFR Part 18) relative to the number of days a solicitation must be extended when a change or clarification is issued. This is left to the judgment of the grantee and any applicable state or local laws, regulations, and procedures. We would think the importance of the clarification and the number of days left for submitting bids or proposals would determine the length of the extension. An important clarification affecting the nature of the bids/proposals or that might allow other firms to participate in the procurement might warrant a longer extension. For an interpretation of the Ohio Code, we suggest you consult your local counsel. (Revised: August 21, 2009)