We received a solicitation with a reporting requirement tied to the American Recovery and Reinvestment Act.  We don't think it should be part of the solicitation because the required services are on-going, not something new.  What should we do?

Answer: Ask for clarification if a solicitation requirement is unclear or possibly shouldn’t be included.  This is the best way to make sure a solicitation accurately identifies requirements.  It also may result in a more level playing field for your company if all potential offeror’s interpret requirements in a similar fashion.

Feedback: I heard shortly afterwards that FAR 52.204-11 had been removed from the request for proposal (RFP).  Here is the request made by the contractor supporting removal of the clause.

"The purpose of this solicitation is for natural gas service.  It is our feeling that this FAR clause should not apply to this solicitation for the following reasons.  

        1) The supply of natural gas covers existing facilities 

        2) The facilities required the natural gas services prior to the American Recovery and Reinvestment Act.  

        3)  The supply of natural gas for the existing facilities was obtained by a similar solicitation process for the prior year. 

        4)  The services are presently being supplied natural gas and that supply is not under the American Recovery and Reinvestment Act

        5)  The supply for the future periods is merely continuing to meet the needs that presently exist for existing facilities

        6)  The supply of natural gas is truly an "operational" expenditure

        7)  The continuation of an existing operational service does not create new jobs or to provide an additional simulation to the US economy in excess of what it presently provided.

For these reasons, we recommend that the FAR clause 52.204-11, American Recovery and Reinvestment Act-Reporting Requirements, be removed from this solicitation."

The Contracting Officer listened to the request and, in this case, acted favorably to it.