Overview
This section provides a specific regulatory definition for "identical bids" to assist contracting officers in identifying potential antitrust violations or collusive bidding practices.
Key Rules
- Scope: The definition applies specifically to bids submitted for the exact same line item.
- Criteria for Identity: Bids are considered identical if they match in either the unit price or the total line item amount.
- Evaluation Factors: The determination of "identical" remains valid regardless of whether evaluation factors—such as prompt payment discounts or transportation costs—have been applied to the pricing.
Practical Implications
- Contracting Officers use this definition as a trigger for further scrutiny; while identical bids can occur naturally, they are often a primary indicator of price-fixing or "bid-rigging" that may require a report to the Attorney General under FAR 3.303.