Overview
This section prescribes the procedures and timelines contracting officers must follow to notify unsuccessful bidders of a contract award. It establishes specific disclosure requirements for unclassified and classified contracts, including special provisions for international trade agreements.
Key Rules
- Notification Timeline: The contracting officer must notify unsuccessful bidders within three calendar days after the contract award. If the third day falls on a weekend or holiday, the period extends to the next business day.
- Reason for Rejection: If an award is made to someone other than the low bidder, the notice to the unsuccessful low bidder(s) must explicitly state the reason their bid was rejected.
- International Trade Requirements: For acquisitions covered by the WTO Government Procurement Agreement or Free Trade Agreements, notices to bidders from those countries must include the successful bid price and the name/address of the winner.
- Public Disclosure: Successful bidder names and prices should be provided to the general public upon request, though contracting offices may point inquirers to an "abstract of offers" if the request is administratively burdensome.
- Classified Awards: In addition to standard notice, bidders must be instructed on how to dispose of classified solicitation materials. Award details for classified contracts are provided only upon request and may never be disclosed over the telephone.
Practical Implications
- Administrative Speed: Contracting offices must have notification templates and award data ready immediately upon award to meet the tight three-day "calendar day" deadline.
- Transparency and Debriefing: While sealed bidding (FAR Part 14) does not have the same formal debriefing requirements as negotiated procurements (FAR Part 15), the requirement to explain why a low bidder was rejected provides a critical mechanism for transparency and potential protests.
- Security Compliance: Contractors handling classified solicitations must wait for specific disposition instructions from the contracting officer before destroying or returning sensitive documents.