14.402-3 Postponement of openings
Source: FAR 14.402-3 on acquisition.gov
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.
(a) A bid opening may be postponed even after the time scheduled for bid opening (but otherwise in accordance with 14.208) when-
(1) The contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails, or in the communications system specified for transmission of bids, for causes beyond their control and without their fault or negligence (e.g., flood, fire, accident, weather conditions, strikes, or Government equipment blackout or malfunction when bids are due); or
(2) Emergency or unanticipated events interrupt normal governmental processes so that the conduct of bid opening as scheduled is impractical.
(b) At the time of a determination to postpone a bid opening under paragraph (a)(1) of this section, an announcement of the determination shall be publicly posted. If practical before issuance of a formal amendment of the invitation, the determination shall be otherwise communicated to prospective bidders who are likely to attend the scheduled bid opening.
(c) In the case of paragraph (a)(2) of this section, and when urgent Government requirements preclude amendment of the solicitation as prescribed in 14.208, the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such cases, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining "late bids" under 14.304. A note should be made on the abstract of bids or otherwise added to the file explaining the circumstances of the postponement.