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section14.202

General rules for solicitation of bids

Overview

This section outlines the procedural requirements and administrative standards for issuing invitations for bids (IFBs), ensuring that the solicitation process is fair, transparent, and competitive. It establishes specific protocols for bidding timeframes, the submission of physical samples or descriptive literature, and the permitted methods for bid delivery.

Key Rules

  • Bidding Time: Contracting officers must provide a reasonable time for bid preparation, generally a minimum of 30 calendar days when a synopsis is required, considering factors like requirement complexity and urgency.
  • Bid Samples: Samples may only be requested when characteristics cannot be adequately described in specifications; they are used solely to determine "responsiveness" (whether the product meets the requirement) rather than "responsibility" (the bidder's capability).
  • Descriptive Literature: This should only be required when necessary to determine if the product meets specifications, and the solicitation must clearly state the consequences of failing to provide it.
  • Submission Methods: While agencies cannot provide postage-paid envelopes to bidders, they may authorize the use of facsimile or electronic bid submissions if adequate security and administrative controls are in place.
  • Mandatory Review: Contracting officers are responsible for a final, thorough review of the invitation for bids to eliminate ambiguities or discrepancies before issuance.
  • Handling of Samples: The government must provide instructions for the return or disposal of bid samples, typically at the bidder’s expense, unless the samples are consumed during testing.

Practical Implications

  • Avoidance of Non-Responsiveness: Bidders must strictly adhere to requirements for samples and literature, as any deviation from the solicitation's listed characteristics will result in the bid being rejected as non-responsive.
  • Risk Mitigation: By requiring a final review and adequate bidding time, the FAR aims to reduce the likelihood of bid protests and minimize the "contingency pricing" that bidders often add when rushed or faced with unclear requirements.

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