14.303 Modification or withdrawal of bids
Source: FAR 14.303 on acquisition.gov
Bids may only be modified or withdrawn by authorized methods before the bid opening deadline, with strict documentation and confidentiality requirements to protect the integrity of the process.
Overview
FAR 14.303 outlines the procedures for modifying or withdrawing bids in sealed bidding processes. It specifies the methods by which a bidder may alter or retract their bid prior to the official bid opening, including in-person, facsimile, and electronic submissions. The regulation ensures the integrity and confidentiality of the bidding process by establishing strict timing, documentation, and handling requirements for bid modifications and withdrawals.
Key Rules
- Modification or Withdrawal Before Bid Opening
- Bids can be modified or withdrawn by any method authorized in the solicitation, provided notice is received before the exact time set for bid opening.
- Facsimile Modifications/Withdrawals
- If allowed, facsimile modifications or withdrawals must be received before the deadline and handled per specific procedures, including sealing and documenting the envelope.
- In-Person Withdrawals
- Bidders or their authorized representatives may withdraw bids in person before the deadline, provided their identity is verified and a receipt is signed.
- Electronic Bid Withdrawals
- If an electronically transmitted bid is withdrawn, the data must not be viewed and must be purged from all storage systems.
Responsibilities
- Contracting Officers: Ensure all modifications and withdrawals are processed according to the specified procedures, maintain confidentiality, and document actions properly.
- Contractors: Follow authorized methods and deadlines for modifying or withdrawing bids, and provide necessary identification or documentation.
- Agencies: Oversee compliance with bid handling procedures and safeguard the integrity of the process.
Practical Implications
- This section protects the fairness and confidentiality of the sealed bidding process by regulating how and when bids can be changed or withdrawn. Contractors must be vigilant about deadlines and authorized methods, while agencies must ensure strict adherence to documentation and data handling requirements. Common pitfalls include missing deadlines, improper documentation, or mishandling electronic data.
(a) Bids may be modified or withdrawn by any method authorized by the solicitation, if notice is received in the office designated in the solicitation not later than the exact time set for opening of bids. If the solicitation authorizes facsimile bids, bids may be modified or withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision prescribed in 14.201-6(v). Modifications received by facsimile shall be sealed in an envelope by a proper official.
(1) The official shall–
(i) Write on the envelope–
(A) The date and time of receipt and by whom; and
(B) The number of invitation for bids; and
(ii) Sign the envelope.
(2) No information contained in the envelope shall be disclosed before the time set for bid opening.
(b) A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the persons requesting withdrawal is established and that person signs a receipt for the bid.
(c) Upon withdrawal of an electronically transmitted bid, the data received shall not be viewed and shall be purged from primary and backup data storage systems.