52.214-6
Explanation to Prospective Bidders
All requests for solicitation clarifications must be made in writing and any critical information provided will be shared with all bidders to ensure fairness.
Overview
FAR 52.214-6 outlines the procedures for prospective bidders to request explanations or interpretations regarding a solicitation, including drawings and specifications. The provision requires that such requests be made in writing and early enough to ensure a response can be provided to all bidders before bid submission. It also clarifies that oral explanations or instructions given before contract award are not binding. Any information provided in response to a bidder's inquiry that is necessary for bid preparation, or whose absence could disadvantage other bidders, must be shared with all prospective bidders via a formal amendment to the solicitation. This ensures transparency and fairness in the bidding process.
Key Rules
- Written Requests for Explanation
- Prospective bidders must submit written requests for clarification or interpretation of solicitation documents in a timely manner.
- Non-Binding Oral Explanations
- Oral explanations or instructions before contract award are not binding on the government.
- Amendment Distribution
- Any significant information provided to one bidder must be promptly shared with all prospective bidders through a solicitation amendment if it affects bid preparation or fairness.
Responsibilities
- Contracting Officers: Must ensure all necessary clarifications are distributed to all bidders via amendments and not rely on oral communications.
- Contractors: Must submit written requests for clarification early and rely only on written amendments for official guidance.
- Agencies: Must maintain transparency and fairness by ensuring equal access to solicitation information.
Practical Implications
- This provision exists to prevent unfair advantages and ensure all bidders have equal access to critical information.
- Contractors should avoid relying on informal or oral guidance and always seek written clarification.
- Delays in requesting explanations may result in missed opportunities for clarification, potentially impacting bid quality or compliance.