14.209 Cancellation of invitations before opening
Source: FAR 14.209 on acquisition.gov
Cancel invitations for bids before opening only when clearly in the public interest, and follow strict procedures for notification, bid handling, and recordkeeping.
Overview
FAR 14.209 outlines the procedures and requirements for cancelling invitations for bids (IFBs) before the bid opening. The regulation emphasizes that cancellations should be avoided unless clearly in the public interest, such as when the government no longer needs the supplies or services, or when significant amendments would require a new solicitation. The section details the steps contracting officers must take when cancelling both paper-based and electronic invitations, including returning unopened bids, notifying all prospective bidders, and ensuring proper electronic data handling. It also specifies the required content of the cancellation notice and mandates that all cancellations be properly recorded.
Key Rules
- Justification for Cancellation
- IFBs should only be cancelled before opening if it is clearly in the public interest, such as a lack of requirement or the need for substantial amendments.
- Procedures for Non-Electronic Invitations
- Return all unopened bids to bidders and notify all prospective bidders of the cancellation.
- Procedures for Electronic Invitations
- Post a general electronic notice of cancellation, do not view received bids, and purge all bids from storage systems.
- Content of Cancellation Notice
- The notice must identify the IFB, explain the reason for cancellation, and, if appropriate, assure bidders of future opportunities.
- Recordkeeping
- All cancellations must be recorded as per FAR 14.403(d).
Responsibilities
- Contracting Officers: Ensure cancellations are justified, follow proper notification and bid handling procedures, and maintain accurate records.
- Contractors: Be aware that cancellations may occur and understand the process for notification and return of bids.
- Agencies: Oversee compliance with cancellation procedures and recordkeeping requirements.
Practical Implications
- This section exists to prevent unnecessary cancellations and protect the interests of both the government and bidders.
- It ensures transparency and fairness in the bid process, especially regarding the handling of bids and notification of all parties.
- Common pitfalls include failing to properly notify all bidders, mishandling electronic bids, or insufficiently documenting the reason for cancellation.
(a) The cancellation of an invitation for bids usually involves a loss of time, effort, and money spent by the Government and bidders. Invitations should not be cancelled unless cancellation is clearly in the public interest; e.g.,
(1) Where there is no longer a requirement for the supplies or services; or
(2) Where amendments to the invitation would be of such magnitude that a new invitation is desirable.
(b) When an invitation issued other than electronically is cancelled, bids that have been received shall be returned unopened to the bidders and notice of cancellation shall be sent to all prospective bidders to whom invitations were issued. When an invitation issued electronically is cancelled, a general notice of cancellation shall be posted electronically, the bids received shall not be viewed, and the bids shall be purged from primary and backup data storage systems.
(c) The notice of cancellation shall-(1) identify the invitation for bids by number and short title or subject matter, (2) briefly explain the reason the invitation is being cancelled, and (3) where appropriate, assure prospective bidders that they will be given an opportunity to bid on any resolicitation of bids or any future requirements for the type of supplies or services involved. Cancellations shall be recorded in accordance with 14.403(d).