14.201-6 Solicitation provisions
Source: FAR 14.201-6 on acquisition.gov
FAR 14.201-6 mandates specific solicitation provisions for sealed bidding, requiring contracting officers to include and tailor clauses based on the acquisition's nature to ensure compliant and effective bid submissions.
Overview
FAR 14.201-6 outlines the required solicitation provisions that must be included in invitations for bids (IFBs) under sealed bidding procedures. It specifies which FAR clauses and provisions must be inserted in all IFBs, as well as those required only in certain circumstances, such as construction contracts, two-step sealed bidding, or when bid samples or descriptive literature are needed. The section provides detailed guidance to ensure that solicitations are complete, compliant, and tailored to the specific acquisition, helping both contracting officers and contractors understand the expectations for bid preparation, submission, and evaluation.
Key Rules
- Mandatory Provisions for All IFBs
- Provisions such as Amendments to Invitations for Bids (52.214-3) and False Statements in Bids (52.214-4) must be included in all IFBs.
- Conditional Provisions
- Additional provisions are required based on contract type (e.g., construction, two-step bidding), bid requirements (e.g., samples, descriptive literature), or solicitation format (e.g., uniform contract format).
- Special Circumstances
- Provisions for facsimile bids, offers in English or U.S. currency, and multiple awards are included only when applicable.
Responsibilities
- Contracting Officers: Must ensure all required provisions are included in IFBs, tailoring the solicitation to the acquisition's specifics and documenting any waivers or alternates used.
- Contractors: Must review all solicitation provisions to ensure compliance with bid preparation, submission, and evaluation requirements.
- Agencies: Oversee compliance with FAR requirements and ensure solicitations are properly constructed.
Practical Implications
- This section ensures consistency and legal sufficiency in sealed bidding solicitations, reducing the risk of protest or bid rejection due to missing or incorrect provisions. Contractors must pay close attention to the included provisions to avoid noncompliance, while contracting officers must carefully select and document the correct clauses for each acquisition.
(a) The provisions prescribed in this subsection apply to preparation and submission of bids in general. See other FAR parts for provisions and clauses related to specific acquisition requirements.
(b) Insert in all invitations for bids the provisions at-
(1) 52.214-3, Amendments to Invitations For Bids; and
(2) 52.214-4, False Statements in Bids.
(c) Insert the following provisions in invitations for bids:
(1) 52.214-5, Submission of Bids.
(2) 52.214-6, Explanation to Prospective Bidders.
(3) 52.214-7, Late Submissions, Modifications, and Withdrawals of Bids.
(d) [Reserved]
(e) Insert in all invitations for bids, except those for construction, the provisions at 52.214-10, Contract Award-Sealed Bidding.
(f) Insert in invitations for bids to which the uniform contract format applies, the provision at 52.214-12, Preparation of Bids.
(g) [Reserved]
(h) Insert the provision at 52.214-14, Place of Performance-Sealed Bidding, in invitations for bids except those in which the place of performance is specified by the government.
(i) Insert the provision at 52.214-15, Period for Acceptance of Bids, in invitations for bids (IFB’s) that are not issued on https://www.gsa.gov/forms-library/solicitation-offer-and-award" target="_blank">SF 33 or https://www.gsa.gov/forms-library/solicitationcontract" target="_blank">SF 1447 except IFB’s-
(1) For construction work; or
(2) In which the government specifies a minimum acceptance period.
(j) Insert the provision at 52.214-16, Minimum Bid Acceptance Period, in invitations for bids, except for construction, if the contracting officer determines that a minimum acceptance period must be specified.
(k) [Reserved]
(l) Insert the provision at 52.214-18, Preparation of Bids-Construction, in invitations for bids for construction work.
(m) Insert the provision at 52.214-19, Contract Award-Sealed Bidding-Construction, in all invitations for bids for construction work.
(n) [Reserved]
(o)
(1) Insert the provision at 52.214-20, Bid Samples, in invitations for bids if bid samples are required.
(2) If it appears that the conditions in 14.202-4(e)(1) will apply and the contracting officer anticipates granting waivers and-
(i) If the nature of the required product does not necessitate limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate I; or
(ii) If the nature of the required product necessitates limiting the grant of a waiver to a product produced at the same plant in which the product previously acquired or tested was produced, use the provision with its Alternate II.
(3) See 14.202-4(e)(2) regarding waiving the requirement for all bidders.
(p)
(1) Insert the provision at 52.214-21, Descriptive Literature, in invitations for bids if-
(i) Descriptive literature is required to evaluate the technical acceptability of an offered product; and
(ii) The required information will not be readily available unless it is submitted by bidders.
(2) Use the basic clause with its Alternate I if the possibility exists that the contracting officer may waive the requirement for furnishing descriptive literature for a bidder offering a previously supplied product that meets specification requirements of the current solicitation.
(3) See 14.202-5(d)(2) regarding waiving the requirement for all bidders.
(q) Insert the provision at 52.214-22, Evaluation of Bids for Multiple Awards, in invitations for bids if the contracting officer determines that multiple awards might be made if doing so is economically advantageous to the government.
(r) Insert the provision at 52.214-23, Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals Under Two-Step Sealed Bidding, in solicitations for technical proposals in step one of two-step sealed bidding.
(s) Insert the provision at 52.214-24, Multiple Technical Proposals, in solicitations for technical proposals in step one of two-step sealed bidding if the contracting officer permits the submission of multiple technical proposals.
(t) Insert the provision at 52.214-25, Step Two of Two-Step Sealed Bidding, in invitations for bids issued under step two of two-step sealed bidding.
(u) [Reserved]
(v) Insert the provision at 52.214-31, Facsimile Bids, in solicitations if facsimile bids are authorized (see 14.202-7).
(w) Insert the provision at 52.214-34, Submission of Offers in the English Language, in solicitations that include any of the clauses prescribed in 25.1101 or 25.1102. It may be included in other solicitations when the contracting officer decides that it is necessary.
(x) Insert the provision at 52.214-35, Submission of Offers in U.S. Currency, in solicitations that include any of the clauses prescribed in 25.1101 or 25.1102, unless the contracting officer includes the clause at 52.225-17, Evaluation of Foreign Currency Offers, as prescribed in 25.1103(d). It may be included in other solicitations when the contracting officer decides that it is necessary.