52.214-25 Step Two of Two-Step Sealed Bidding
Source: FAR 52.214-25 on acquisition.gov
Only bidders with acceptable technical proposals from step one may submit bids in step two of the two-step sealed bidding process.
Overview
- FAR 52.214-25 outlines the requirements for step two of the two-step sealed bidding process, as referenced in FAR Subpart 14.5. This provision is included in solicitations to inform bidders of the procedures and eligibility criteria for submitting bids in the second step of this acquisition method.
Key Rules
- Initiation of Step Two
- The invitation for bids (IFB) marks the start of step two in the two-step sealed bidding process.
- Eligibility to Submit Bids
- Only bidders who submitted acceptable technical proposals in step one are eligible to submit bids in step two.
- Multiple Acceptable Proposals
- Bidders with more than one acceptable technical proposal from step one may submit a separate bid for each proposal.
Responsibilities
- Contracting Officers: Must ensure only eligible bidders (those with acceptable technical proposals) are considered for award and must clearly identify the step-one solicitation in the IFB.
- Contractors: Must ensure they have an acceptable technical proposal from step one to participate in step two and may submit multiple bids if they have multiple accepted proposals.
- Agencies: Oversee the integrity of the two-step process and ensure compliance with eligibility requirements.
Practical Implications
- This provision ensures that only technically qualified bidders compete on price in step two, maintaining fairness and efficiency. Contractors must track their technical proposal status and submit bids accordingly. Common pitfalls include submitting bids without an accepted technical proposal or failing to reference the correct technical proposal when multiple are accepted.
As prescribed in 14.201-6(t), insert the following provision:
Step Two of Two-Step Sealed Bidding (Apr 1985)
(a) This invitation for bids is issued to initiate step two of two-step sealed bidding under subpart 14.5 of the Federal Acquisition Regulation.
(b) The only bids that the Contracting Officer may consider for award of a contract are those received from bidders that have submitted acceptable technical proposals in step one of this acquisition under _________________[the Contracting Officer shall insert the identification of the step-one request for technical proposals].
(c) Any bidder that has submitted multiple technical proposals in step one of this acquisition may submit a separate bid on each technical proposal that was determined to be acceptable to the Government.
(End of provision)