14.408
Award
FAR 14.408 establishes the rules and documentation requirements for awarding contracts under sealed bidding, ensuring awards are made fairly and transparently to responsible bidders.
Overview
FAR 14.408 outlines the procedures and requirements for awarding contracts under sealed bidding. It covers the evaluation of bids, determination of bidder responsibility, price reasonableness, handling of prompt payment discounts, economic price adjustments, resolution of equal low bids, documentation of award decisions, and procedures for addressing protests. The section ensures that awards are made fairly, transparently, and in accordance with established criteria, emphasizing the importance of proper documentation and adherence to regulatory requirements throughout the award process.
Key Rules
- General Award Procedures
- Contracts are awarded to the responsible bidder whose bid conforms to the invitation and is most advantageous to the government, considering price and other factors.
- Responsibility and Price Reasonableness
- Contracting officers must determine that the bidder is responsible and that the price is reasonable before making an award.
- Prompt Payment Discounts
- Discounts for prompt payment are considered in bid evaluation only if specified in the solicitation.
- Economic Price Adjustment
- Procedures for handling bids with economic price adjustment clauses are specified.
- Equal Low Bids
- Special procedures apply when two or more low bids are equal, including drawing lots or other tie-breaking methods.
- Documentation of Award
- Contracting officers must document the rationale for award decisions, including price reasonableness and responsibility determinations.
- Protests Against Award
- Procedures are provided for handling protests related to the award decision.
Responsibilities
- Contracting Officers: Evaluate bids, determine responsibility and price reasonableness, document award decisions, and address protests.
- Contractors: Submit responsive bids, provide necessary documentation, and comply with solicitation requirements.
- Agencies: Oversee the integrity of the award process and ensure compliance with FAR requirements.
Practical Implications
- Ensures a transparent and fair award process under sealed bidding.
- Requires thorough documentation and justification for award decisions.
- Contractors must ensure their bids are complete, responsive, and competitive to be considered for award.