52.214-31 Facsimile Bids
Source: FAR 52.214-31 on acquisition.gov
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.
As prescribed in 14.201-6(v), insert the following provision:
Facsimile Bids (Dec 1989)
(a) Definition. "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material.
(b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation.
(c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.
(d) Facsimile bids must contain the required signatures.
(e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid.
(f) Facsimile receiving data and compatibility characteristics are as follows:
(1) Telephone number of receiving facsimile equipment:_____________________
(2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol):_____________________
(g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following:
(1) Receipt of garbled or incomplete bid.
(2) Availability or condition of the receiving facsimile equipment.
(3) Incompatibility between the sending and receiving equipment.
(4) Delay in transmission or receipt of bid.
(5) Failure of the bidder to properly identify the bid.
(6) Illegibility of bid.
(7) Security of bid data.
(End of provision)