Overview
FAR Subpart 14.3 establishes the procedures and requirements for submitting, modifying, and withdrawing bids under the sealed bidding process. It emphasizes the "firm bid rule," ensuring that all submissions are responsive to the invitation for bids (IFB) and received by the exact deadline to maintain the integrity and fairness of the federal procurement system.
Key Rules
- Responsiveness: To be eligible for award, a bid must comply in all material respects with the IFB. Bidders using their own forms must accept all terms and conditions of the invitation without variation.
- Method of Submission: Facsimile and electronic commerce bids are strictly prohibited unless the solicitation specifically authorizes them.
- The "Late is Late" Rule: Bids, modifications, or withdrawals received after the exact time specified are "late" and generally will not be considered.
- Late Bid Exceptions: A late bid may only be considered if it is received before award, does not unduly delay the acquisition, and:
- Was transmitted via an authorized electronic method and received at the Government infrastructure entry point by 5:00 p.m. the working day prior to the deadline; or
- There is acceptable evidence that the bid was under Government control at the designated installation prior to the deadline.
- Successful Bid Exception: A late modification to an otherwise successful (winning) bid that makes its terms more favorable to the Government will be considered at any time.
- Emergency Extensions: If an unanticipated event (e.g., a natural disaster or government shutdown) closes the designated office, the deadline is automatically extended to the same time on the first day normal processes resume.
Responsibilities
- Bidders:
- Ensuring bids reach the designated office by the exact time specified.
- Providing proper identification when withdrawing a bid in person.
- Complying with all instructions in the IFB to ensure "responsiveness."
- Contracting Officers (CO):
- Promptly notifying bidders if their submissions are received late.
- Determining whether late bids meet the narrow criteria for consideration.
- Securing facsimile modifications in sealed envelopes with specific notations (date, time, IFB number).
- Maintaining detailed contract files for late submissions, including wrappers, envelopes, and rationales for consideration or rejection.
- Government Officials:
- Creating "acceptable evidence" of receipt through time/date stamps or documentary records.
- Purging withdrawn electronic bids from all data storage systems to ensure they are not viewed.
Practical Implications
- Zero Tolerance for Delays: In the world of sealed bidding, being one minute late is usually fatal to a bid. Contractors should aim to submit bids well in advance of the deadline to account for traffic, security checkpoints, or mail delays.
- Evidence is Critical: If a bid is delivered to the base/installation mailroom but doesn't reach the CO’s desk on time, the bidder relies entirely on the Government's internal "time/date stamp" or "documentary evidence" to prove the bid was under Government control.
- Strict Adherence to IFB Forms: While the FAR allows for a bidder's own forms, doing so is risky. Any slight deviation from the IFB's terms and conditions in a custom letter can result in the bid being declared non-responsive and rejected.
- Facsimile Risks: When facsimile is authorized, the CO must manually seal and sign the envelope for the modification. Bidders should be aware that technical failures on their end (e.g., a jammed fax machine) do not excuse a late submission.