Overview
FAR Subpart 14.2 provides comprehensive instructions for the preparation, organization, and issuance of Invitations for Bids (IFBs) under the sealed bidding process. It establishes the Uniform Contract Format (UCF) as the standard for solicitations and defines the specific rules for bidding time, the use of bid samples, and the inclusion of mandatory contract clauses.
Key Rules
- Uniform Contract Format (UCF): Contracting officers must use the UCF (Sections A through M) for most IFBs, excluding specific categories such as construction, shipbuilding, and subsistence items.
- Bidding Time: Agencies must allow a "reasonable" time for bid preparation, generally requiring a minimum of 30 calendar days between solicitation issuance and bid opening when a synopsis is required.
- Bid Samples and Descriptive Literature: These should only be required when the government cannot adequately describe the product's characteristics (e.g., "feel," color, or balance). They are used strictly to determine responsiveness, not the bidder's capability (responsibility).
- Evaluation Factors: Solicitations must specify price-related factors other than the bid price, such as transportation costs (f.o.b. origin), taxes, and a standard $500 administrative cost per award for calculating the advantage of multiple awards.
- Incorporation by Reference: Part IV of the UCF (Sections K, L, and M) is retained in the contract file but is generally not physically attached to the final contract, though it is incorporated by reference.
- Strict Responsiveness: Because sealed bidding precludes discussions, bids must be rejected as nonresponsive if they fail to conform to the requirements or if required samples/literature are missing or inadequate.
Responsibilities
- Contracting Officers (COs):
- Responsible for the final review of IFBs to eliminate ambiguities or discrepancies before issuance.
- Must determine the appropriate bidding time based on the complexity and urgency of the requirement.
- Decide whether to authorize facsimile or electronic bid submissions.
- Must justify the requirement for bid samples or descriptive literature in the contract file.
- Bidders:
- Must submit bids by the exact time and to the specific location identified in Section A (SF 33 or SF 1447).
- Must provide all required representations, certifications, and technical data as specified in Section K.
- Head of Contracting Activity: Holds the authority to waive certain clauses (like those for defective pricing) in exceptional cases involving foreign government contracts.
Practical Implications
- "No-Look" Rejections: Unlike Part 15 (Negotiated Contracting), there is no opportunity for "clarifications" or "discussions" to fix a bid. If a bidder fails to include descriptive literature required by the IFB, the CO has virtually no choice but to reject the bid as nonresponsive, regardless of how low the price is.
- Multiple Award Math: Contractors should be aware of the $500 administrative fee rule. If a contractor bids on multiple line items, the government will only split the award if the price difference between one contractor and another exceeds $500 for that specific item.
- Template Discipline: For contractors, the UCF structure (Sections A-M) provides a predictable roadmap. Understanding that Section L contains submission instructions and Section M contains evaluation math allows for a standardized approach to reviewing government requirements.
- Electronic Transition: While the FAR allows for facsimile and electronic bids, they are only permitted if specifically authorized in the solicitation. Bidders must confirm the authorized method (e.g., a specific portal or email) to avoid their bid being ruled late or invalid.