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FAR and DFARS › FAR Part 14: Sealed Bidding › Subpart 14.4

FAR 14.408-6 Equal low bids.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section sets the order of priority for awarding a contract when two or more low bids are equal in all respects. It also explains how to break a remaining tie by drawing lots and requires a written agreement that the contractor will perform according to the circumstances justifying the priority used.

Applies to: Contracting officers awarding contracts with equal low bids

What it requires

  • Award contracts in the stated order of priority when low bids are equal in all respects
  • If bidders remain equally eligible, make award by a drawing by lot limited to those bidders
  • If time permits, give the bidders involved an opportunity to attend the drawing
  • Have the drawing witnessed by at least three persons and keep the names and addresses of the witnesses and the person supervising the drawing in the contract file

Key terms: small business concerns · labor surplus area concerns · drawing by lot · contract file · contracting officer

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Contracts shall be awarded in the following order of priority when two or more low bids are equal in all respects:

(1) Small business concerns that are also labor surplus area concerns.

(2) Other small business concerns.

(3) Other business concerns.

(b) If two or more bidders still remain equally eligible after application of paragraph (a) above, award shall be made by a drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by at least three persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

(c) When an award is to be made by using the priorities under this 14.408-6, the contracting officer shall include a written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.

Sections that refer to it

← 14.408-5 [Reserved] · 14.408-7 Documentation of award. →

Rule changes for FAR Part 14

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 14.408-6 Equal low bids · SpendQuery