Overview
This section establishes the mandatory requirement to use sealed bidding when specific conditions are met and outlines the strict criteria that must be satisfied before a contract award can be finalized.
Key Rules
- Mandatory Use: Sealed bidding must be used if the conditions in FAR 6.401(a) are met (e.g., time permits, award based on price, no need for discussions).
- Classified Acquisitions: Sealed bidding is permitted for classified projects provided it adheres to agency security protocols.
- Compliance Requirements: Awards are prohibited unless the solicitation and bid submission strictly follow FAR subparts 14.2 and 14.3.
- Award Criteria: Contracts can only be awarded to a "responsible" bidder whose bid is "responsive" to the invitation for bids (IFB).
- Selection Basis: Evaluation is restricted solely to price and price-related factors specified in the solicitation; technical trade-offs are not permitted.
Practical Implications
- Contracting Officers lose the discretion to use negotiated procurement (FAR Part 15) if the four conditions for sealed bidding are present, making the process highly rigid and objective.
- The "responsive" and "responsible" requirements ensure that the government only contracts with capable firms that have agreed to all terms without exception, typically resulting in the selection of the lowest-priced qualified bidder.