Overview
FAR 14.301 establishes the strict standard of "responsiveness" in sealed bidding, requiring that a bid comply with all material aspects of an Invitation for Bids (IFB) to ensure fair competition and a binding contract.
Key Rules
- Material Compliance: To be considered for award, a bid must adhere to all essential requirements of the solicitation to maintain the integrity of the competitive bidding process.
- Facsimile and Electronic Bids: These submission methods are strictly prohibited unless the specific solicitation explicitly authorizes their use.
- Use of Alternate Forms: While standard forms are preferred, bidders may use their own forms or letters provided they accept all terms and conditions of the IFB without variation.
- Contractual Binding: A bid is only responsive if its acceptance results in a binding contract where the terms do not deviate from the original invitation.
Practical Implications
- No Post-Bid Negotiations: Unlike negotiated procurements, a bid that is non-responsive at the time of opening cannot be corrected or "made" responsive through later discussions; it must be rejected.
- Strict Procedural Adherence: Bidders risk immediate disqualification if they attempt to include qualifying language or use unauthorized transmission methods, regardless of how competitive their price may be.