Facsimile Bids
Facsimile bids are permitted if specified, but bidders bear all risks of transmission failures and must ensure timely, complete, and properly signed submissions.
Overview
FAR 52.214-31, "Facsimile Bids," allows bidders to submit bids, modifications, or withdrawals via facsimile (fax) for solicitations that include this provision. The regulation defines a facsimile bid and outlines the requirements for submission, including deadlines, required signatures, and the need to provide all necessary representations and information. The government may make an award based solely on a facsimile bid but can require the original signed bid if needed. The provision also specifies that the government is not responsible for transmission or receipt failures, such as incomplete, garbled, or late bids, equipment incompatibility, or security issues. The solicitation must specify the fax number and compatibility characteristics for receiving equipment.
Key Rules
- Definition of Facsimile Bid
- A facsimile bid includes any bid, modification, or withdrawal sent and received via fax equipment.
- Submission Requirements
- Facsimile bids must arrive at the designated place and by the specified time, and must include all required information and signatures.
- Exclusion Criteria
- Bids lacking required information or rejecting solicitation terms may be excluded.
- Original Signed Bid
- The government may request the original signed bid from the apparent winner.
- Government Not Responsible for Transmission Issues
- The risk of transmission failures, equipment issues, or security breaches lies with the bidder.
Responsibilities
- Contracting Officers: Must specify fax number and equipment compatibility in the solicitation, and may request original signed bids if needed.
- Contractors: Must ensure timely, complete, and properly signed facsimile submissions, and bear the risk of transmission failures.
- Agencies: Must ensure proper receipt and handling of facsimile bids and maintain clear procedures for their acceptance.
Practical Implications
- This provision enables faster bid submissions but places the burden of successful transmission on the bidder. Contractors must verify all technical and procedural requirements to avoid disqualification. Common pitfalls include late, incomplete, or illegible faxes, and failure to provide all required information or signatures.