Overview
This section prescribes the formal procedures for the public opening of unclassified and classified sealed bids, establishing the responsibilities of the bid opening officer and the specific conditions under which a bid opening may be postponed. It ensures transparency in the competitive bidding process while maintaining strict security and integrity of the bid documents.
Key Rules
- Publicity and Recording: For unclassified acquisitions, the bid opening officer must personally and publicly open all bids, read them aloud if practical, and record them immediately.
- Safeguarding Bids: Original bids must be protected from alteration or substitution; public inspection is permitted only under the direct supervision of a government official.
- Classified Procedures: Attendance at classified bid openings is restricted to individuals with appropriate security clearances, and no public record of bid prices is created.
- Postponement Authority: Openings may be postponed after the scheduled time if the Contracting Officer believes an "important segment" of bids was delayed by circumstances beyond the bidders' control (e.g., weather, strikes, or government equipment failure).
- Emergency Extensions: If an unanticipated event interrupts normal government processes, the bid opening is automatically deemed extended to the same time on the first following workday that normal processes resume.
Practical Implications
- Transparency and Fairness: These rules prevent "closed-door" dealings by ensuring that all competitors in a Sealed Bidding environment have equal access to the results and that the government cannot arbitrarily change opening times without justification.
- Risk Mitigation: The automatic extension rule for emergencies protects the integrity of the "late bid" rule (FAR 14.304), ensuring bidders are not penalized for systemic government shutdowns or regional disasters that prevent timely delivery or opening.