14.409-1 Award of unclassified contracts
Source: FAR 14.409-1 on acquisition.gov
Contracting officers must promptly notify unsuccessful bidders and provide specific information, especially for international procurements, to ensure transparency and compliance.
Overview
FAR 14.409-1 outlines the procedures contracting officers must follow when awarding unclassified contracts, particularly regarding notifications to unsuccessful bidders. The regulation ensures transparency and fairness in the bid process by requiring timely and informative communication with all participants, including special provisions for acquisitions covered by international agreements.
Key Rules
- Notification to Unsuccessful Bidders
- Contracting officers must notify each unsuccessful bidder in writing or electronically within three calendar days after contract award, excluding weekends and legal holidays. The notice should express appreciation for their participation and, if the award is not made to the lowest bidder, explain the reason for rejection to each unsuccessful low bidder.
- Additional Information for International Agreements
- For procurements under the WTO Government Procurement Agreement or Free Trade Agreements, notices to unsuccessful bidders from those countries must include the dollar amount and the name and address of the successful bidder.
- Information Upon Request
- Any unsuccessful bidder may request the information specified above, unless providing it would disrupt normal operations due to multiple awards. In such cases, only the location of the abstract of offers needs to be provided.
- Requests from Non-Bidders
- Non-bidders may request the names of successful bidders and award prices, but if fulfilling such requests is burdensome, they should be directed to where the abstract of offers can be viewed.
- Records Requests
- All records requests are subject to agency regulations implementing FAR subpart 24.2 (Freedom of Information Act procedures).
Responsibilities
- Contracting Officers: Must provide timely, appropriate notifications and information to unsuccessful bidders and respond to information requests per the regulation.
- Contractors: No direct compliance obligations, but should be aware of their rights to information if unsuccessful.
- Agencies: Must ensure compliance with notification and information-sharing requirements, and manage records requests per agency FOIA procedures.
Practical Implications
- This section promotes transparency and fairness in the competitive bidding process.
- Contracting officers must be diligent in timely notifications and in providing required information, especially for international procurements.
- Failure to comply can lead to protests or challenges from bidders, and administrative burden if information requests are not managed efficiently.
(a)
(1) The contracting officer shall as a minimum (subject to any restrictions in subpart 9.4)-
(i) Notify each unsuccessful bidder in writing or electronically within threedays after contract award, that its bid was not accepted. "Day," for purposes of the notification process, means calendar day, except that the period will run until a day which is not a Saturday, Sunday, or legal holiday;
(ii) Extend appreciation for the interest the unsuccessful bidder has shown in submitting a bid; and
(iii) When award is made to other than a low bidder, state the reason for rejection in the notice to each of the unsuccessful low bidders.
(2) For acquisitions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see 25.408(a)(5)), agencies must include in notices given unsuccessful bidders from World Trade Organization Government Procurement Agreement or Free Trade Agreement countries-
(i) The dollar amount of the successful bid; and
(ii) The name and address of the successful bidder.
(b) Information included in paragraph (a)(2) of this subsection shall be provided to any unsuccessful bidder upon request except when multiple awards have been made and furnishing information on the successful bids would require so much work as to interfere with normal operations of the contracting office. In such circumstances, only information concerning location of the abstract of offers need be given.
(c) When a request is received concerning an unclassified invitation from an inquirer who is neither a bidder nor a representative of a bidder, the contracting officer should make every effort to furnish the names of successful bidders and, if requested, the prices at which awards were made. However, when such requests require so much work as to interfere with the normal operations of the contracting office, the inquirer will be advised where a copy of the abstract of offers may be seen.
(d) Requests for records shall be governed by agency regulations implementing subpart 24.2.