General
FAR 14.408-1 ensures contract awards under sealed bidding are made transparently, to the most advantageous responsible bidder, with proper documentation and corrective actions when competition is limited.
Overview
FAR 14.408-1 outlines the general procedures for awarding contracts under sealed bidding. It specifies the requirements for notifying successful bidders, the timing and method of award, and documentation standards. The section ensures that awards are made to responsible bidders whose bids conform to the invitation and are most advantageous to the Government, considering only price and price-related factors. It also addresses actions required when fewer than three bids are received and details the proper use of award forms and documentation.
Key Rules
- Award Notification and Timing
- Contracting officers must notify the successful bidder in writing or electronically within the bid acceptance period or any extension, after obtaining all necessary approvals.
- Award Criteria
- Awards are made to the responsible bidder whose bid conforms to the invitation and is most advantageous to the Government, based solely on price and price-related factors.
- Limited Competition
- If fewer than three bids are received, the contracting officer must investigate the cause and, if appropriate, take corrective action to increase competition in future solicitations.
- Award Documentation
- Awards must be properly executed and furnished to the successful bidder, with all terms and acceptable changes clearly stated. Multiple awards require separate, numbered documents.
- Use of Standard Forms
- Standard Forms SF 33, SF 26, and SF 1447 are used for awards, with informal notices permitted as supplemental communication.
Responsibilities
- Contracting Officers: Ensure timely, compliant award notification and documentation; investigate limited competition; use correct forms; and document all actions.
- Contractors: Ensure bids conform to the invitation and are responsive to all requirements.
- Agencies: Oversee compliance with award procedures and maintain accurate records.
Practical Implications
- This section ensures transparency, fairness, and proper documentation in the award process for sealed bidding. It impacts daily contracting by setting clear procedures for award notification, documentation, and handling limited competition. Common pitfalls include failing to document corrective actions or using incorrect forms, which can delay awards or lead to compliance issues.