14.209
Cancellation of invitations before opening
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.