14.103-1
General
Sealed bidding is mandatory when FAR 6.401(a) conditions are met, including for classified acquisitions if security requirements allow, and pricing modifications must follow specific FAR guidance.
Overview
FAR 14.103-1 outlines the general requirements for using sealed bidding in federal contracting. It mandates that sealed bidding must be used whenever the conditions specified in FAR 6.401(a) are met, which generally relate to situations where competitive proposals are not necessary and award can be made based solely on price. The section also clarifies that sealed bidding can be used for classified acquisitions, provided it does not conflict with agency security requirements. Additionally, it references the policy for pricing modifications to sealed bid contracts, directing users to FAR 15.403-4(a)(1)(iii) for further guidance.
Key Rules
- Mandatory Use of Sealed Bidding
- Sealed bidding is required when the conditions in FAR 6.401(a) are satisfied for any contract action under FAR Part 6.
- Classified Acquisitions
- Sealed bidding may be used for classified contracts if it does not breach agency security protocols.
- Pricing Modifications
- The policy for pricing modifications to sealed bid contracts is governed by FAR 15.403-4(a)(1)(iii).
Responsibilities
- Contracting Officers: Must determine if sealed bidding is required based on FAR 6.401(a), ensure compliance with security requirements for classified acquisitions, and follow proper procedures for pricing modifications.
- Contractors: Should be aware of when sealed bidding applies and understand the implications for classified and modified contracts.
- Agencies: Must enforce security requirements and ensure adherence to pricing policies for modifications.
Practical Implications
- This section ensures that sealed bidding is used appropriately, promoting transparency and competition where suitable. It also addresses special considerations for classified contracts and pricing changes. Contractors and contracting officers must be vigilant in applying the correct procedures and referencing related FAR sections to maintain compliance.