Receipt of an unreadable electronic bid
If your electronic bid is unreadable, you must quickly prove both its original content and that any issue was caused by Government error to avoid rejection.
Overview
FAR 14.406 addresses the procedures for handling unreadable electronic bids received via electronic data interchange. If a bid is unreadable to the extent that the contracting officer cannot determine if it meets the essential requirements of the solicitation, the contracting officer must promptly notify the bidder. The bidder is then given an opportunity to provide clear and convincing evidence of the bid's original content and to prove that the unreadable condition was due to a Government software or hardware issue, or other Government mishandling. If the bidder cannot meet both requirements, the bid will be rejected. This process ensures fairness and accountability in electronic bid submissions, protecting both the Government and bidders from technical mishaps beyond the bidder's control.
Key Rules
- Unreadable Electronic Bids
- If a bid is unreadable and its compliance cannot be determined, the contracting officer must act immediately.
- Bidder Notification and Evidence
- The bidder must be notified and given a chance to provide clear and convincing evidence of the bid's content and that the unreadable condition was caused by Government error or mishandling.
Responsibilities
- Contracting Officers: Must promptly notify bidders of unreadable bids and request evidence before rejecting the bid.
- Contractors: Must be prepared to provide clear and convincing evidence of their bid's content and demonstrate that any unreadable condition was due to Government fault.
- Agencies: Must ensure proper handling of electronic bids and maintain reliable systems to minimize unreadable submissions.
Practical Implications
- This section exists to ensure that technical issues outside the bidder's control do not unfairly disqualify them.
- Contractors should maintain records and evidence of their electronic submissions.
- Common pitfalls include failing to provide sufficient evidence or not demonstrating that the unreadable condition was due to Government mishandling.