Overview
This section outlines the specific procedures and evidentiary requirements a contracting officer must follow when an electronic bid is received in an unreadable format. It establishes a high burden of proof for bidders to avoid rejection when technical failures occur during electronic data interchange.
Key Rules
- Immediate Notification: The contracting officer is required to immediately notify a bidder if their electronic bid is unreadable and cannot be evaluated for essential requirements.
- Presumption of Rejection: Unreadable bids are rejected by default unless the bidder can provide "clear and convincing evidence" to the contrary.
- Dual-Pronged Burden of Proof: To prevent rejection, the bidder must prove:
- The exact original content of the bid as it was submitted.
- That the technical failure was caused by Government software, hardware, or mishandling, rather than the bidder's own systems.
Practical Implications
- The "clear and convincing" standard places a heavy burden on the contractor to maintain robust digital audit trails of their submissions.
- Bidders cannot use technical glitches as an opportunity to modify their bid after the deadline, as they must prove the content "as originally submitted."