FAR Part 14: Sealed Bidding

In plain English

FAR Part 14 governs sealed bidding, a method of contracting that uses competitive bids, public opening of bids, and award to the responsible bidder whose bid conforms to the invitation and is lowest in price. It covers solicitation preparation, bid submission and opening, evaluation, mistakes, and award. Small-business contractors need to understand these rules because sealed bidding is a formal process with strict requirements for responsiveness and timing.

Key rules

• Sealed bidding must be used whenever the conditions in 6.401(a) are met, and may be used for classified acquisitions if its use does not violate security requirements. (14.103-1)
• Awards cannot be made unless bids were solicited and submitted as required, and the requirements of 1.602-1(b) and part 6 are met. (14.103-2)
• Firm-fixed-price contracts must be used in sealed bidding, except that fixed-price contracts with economic price adjustment clauses may be used if authorized under 16.203. (14.104)
• Bids must be submitted so they are received in the designated office by the exact time set for opening, and bidders are responsible for timely submission. (14.302, 14.304)
• To be considered for award, a bid must comply in all material respects with the invitation for bids. (14.301)
• After bids are opened, award must be made to the responsible bidder who submitted the lowest responsive bid, unless there is a compelling reason to reject all bids. (14.404-1, 14.408-1)
• Minor informalities or irregularities in bids that are merely matters of form and can be corrected may be waived or corrected. (14.405)
• When two or more low bids are equal in all respects, award priority goes first to small business concerns that are also labor surplus area concerns, then to other small business concerns, then to others. (14.408-6)

Who does what

In practice

• When bidding, you must strictly follow the invitation's instructions and submit your bid before the deadline; late bids are not considered.
• Your bid must conform to all material requirements of the invitation, or it may be rejected as nonresponsive.
• If you make a clerical mistake apparent on the face of your bid, you may request correction before award, but you must verify the intended bid.
• After award, you will be notified if your bid was not accepted, and you may request a debriefing.

Common pitfalls

• Submitting a bid that does not comply with all material terms of the invitation, which can make it nonresponsive and ineligible for award.
• Failing to deliver your bid by the exact time set for opening; even a slight delay can disqualify your bid.
• Assuming that a mistake in your bid can always be corrected after award; mistakes after award are handled under subpart 33.2 and may not be correctable.
• Overlooking the priority for equal low bids, which favors small business concerns and labor surplus area concerns.

Written by AI from this part's codified text (2026-10-04); cited sections are checked against the part. A guide, not legal advice: the regulation text, the solicitation and your contract rule.