Subpart 14.1
Use of Sealed Bidding
FAR Subpart 14.1 establishes the foundational rules and conditions for using sealed bidding, ensuring fair and transparent competition in government procurement.
Overview
Subpart 14.1 of the FAR outlines the foundational principles and requirements for using sealed bidding as a method of government procurement. It establishes when and how sealed bidding should be used, the essential elements of the process, applicable contract types, and the policy framework guiding its application. This subpart serves as the organizational backbone for the detailed procedures and requirements found in subsequent sections of Part 14.
Key Rules
- Elements of Sealed Bidding (14.101)
- Defines the core components and procedural steps required for sealed bidding, such as public opening of bids and award to the lowest responsive and responsible bidder.
- Policy (14.103)
- Establishes the policy preference for sealed bidding when certain conditions are met, such as clear specifications and adequate competition.
- Types of Contracts (14.104)
- Identifies which contract types are appropriate for sealed bidding, typically fixed-price contracts.
- Solicitations for Informational or Planning Purposes (14.105)
- Addresses the use of solicitations that are not intended to result in contract awards but are used for market research or planning.
Responsibilities
- Contracting Officers: Must determine when sealed bidding is appropriate, ensure compliance with procedural requirements, and select suitable contract types.
- Contractors: Should understand the sealed bidding process, prepare responsive bids, and comply with solicitation instructions.
- Agencies: Oversee adherence to sealed bidding policies and ensure transparency and fairness in the process.
Practical Implications
- This subpart exists to ensure that sealed bidding is used appropriately, promoting competition and transparency in government procurement.
- It impacts daily contracting by setting the stage for when and how sealed bidding is conducted, which can affect bid preparation, evaluation, and award.
- Common pitfalls include misapplying sealed bidding when negotiation is more appropriate or failing to follow required procedures, which can lead to protests or delays.