14.402-3
Postponement of openings
Bid openings may be postponed due to uncontrollable delays or emergencies, but contracting officers must publicly announce and document the postponement, ensuring all bidders are fairly informed.
Overview
FAR 14.402-3 outlines the procedures for postponing the opening of sealed bids in formal government contracting. It allows for bid opening postponement under specific circumstances, such as delays affecting a significant segment of bidders due to uncontrollable events (e.g., natural disasters, communication failures) or when emergencies disrupt normal government operations. The regulation details the required public announcement and communication to bidders, as well as documentation requirements for the postponement. It also clarifies how bid opening times are adjusted and how late bids are determined in these situations.
Key Rules
- Conditions for Postponement
- Bid openings may be postponed if a major segment of bidders is delayed by uncontrollable events or if emergencies make scheduled openings impractical.
- Public Announcement and Notification
- When postponement is determined, a public announcement must be posted, and, if possible, prospective bidders should be notified before a formal amendment is issued.
- Extension of Bid Opening Time
- If emergencies prevent amending the solicitation, the bid opening is automatically extended to the same time on the next workday when normal operations resume, and this new time is used for determining late bids.
- Documentation
- The circumstances of the postponement must be documented in the bid abstract or contract file.
Responsibilities
- Contracting Officers: Assess need for postponement, make public announcements, notify bidders, and document the postponement.
- Contractors: Monitor for postponement announcements and adjust bid submission plans accordingly.
- Agencies: Ensure proper communication and record-keeping for audit and compliance purposes.
Practical Implications
- This section ensures fairness when unforeseen events could disadvantage bidders or disrupt government operations.
- Contractors should stay alert for postponement notices to avoid missing revised deadlines.
- Failure to properly announce or document postponements can lead to disputes or bid protests.