14.103-2
Limitations
No sealed bid contract award can be made unless all solicitation, submission, authority, competition, and award criteria are fully satisfied.
Overview
FAR 14.103-2 outlines the essential limitations that must be satisfied before a contract award can be made through the sealed bidding process. It ensures that awards are only made when all procedural and regulatory requirements have been met, including proper solicitation and submission of bids, adherence to contracting authority and competition requirements, and selection of the responsible, responsive bidder offering the most advantageous price to the government.
Key Rules
- Solicitation of Bids (Subpart 14.2)
- Bids must be solicited in accordance with the procedures outlined in FAR Subpart 14.2.
- Submission of Bids (Subpart 14.3)
- Bids must be submitted as required by FAR Subpart 14.3.
- Contracting Authority and Competition (1.602-1(b) and Part 6)
- The contracting officer must have proper authority, and the requirements for full and open competition must be met.
- Award to Responsible, Responsive Bidder (Subpart 14.4 and 9.1)
- The award must go to the responsible bidder whose bid is responsive and most advantageous to the government, considering only price and price-related factors.
Responsibilities
- Contracting Officers: Ensure all procedural, authority, and competition requirements are met before making an award.
- Contractors: Submit bids in accordance with solicitation requirements and ensure bids are responsive.
- Agencies: Oversee compliance with solicitation, submission, and award procedures.
Practical Implications
- This section prevents improper or premature contract awards in sealed bidding.
- It ensures fairness, transparency, and compliance with federal procurement regulations.
- Common pitfalls include failing to meet solicitation or submission requirements, or awarding to a non-responsive or non-responsible bidder.