FAR and DFARS › FAR Part 14: Sealed Bidding › Subpart 14.4
FAR 14.409-1 Award of unclassified contracts.
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 requires contracting officers to notify unsuccessful bidders within three days after a contract award, express appreciation for their interest, and explain why a low bidder was not selected. It also mandates additional information for bidders from certain trade agreement countries and allows other unsuccessful bidders to request similar details. These rules ensure transparency and fairness in the award process for unclassified contracts.
Applies to: Contracting officers awarding unclassified contracts and unsuccessful bidders
What it requires
- Notify each unsuccessful bidder in writing or electronically within three days after contract award that its bid was not accepted.
- Extend appreciation for the interest the unsuccessful bidder has shown in submitting a bid.
- When award is made to other than a low bidder, state the reason for rejection in the notice to each unsuccessful low bidder.
- For acquisitions covered by the WTO GPA or a Free Trade Agreement, include in notices to unsuccessful bidders from those countries the dollar amount of the successful bid and the name and address of the successful bidder.
Key terms: unsuccessful bidder · contract award · low bidder · World Trade Organization Government Procurement Agreement · Free Trade Agreement
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a)(1) The contracting officer shall as a minimum (subject to any restrictions in Subpart 9.4)—
(i) Notify each unsuccessful bidder in writing or electronically within three days after contract award, that its bid was not accepted. “Day,” for purposes of the notification process, means calendar day, except that the period will run until a day which is not a Saturday, Sunday, or legal holiday;
(ii) Extend appreciation for the interest the unsuccessful bidder has shown in submitting a bid; and
(iii) When award is made to other than a low bidder, state the reason for rejection in the notice to each of the unsuccessful low bidders.
(2) For acquisitions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see 25.408(a)(5)), agencies must include in notices given unsuccessful bidders from World Trade Organization Government Procurement Agreement or Free Trade Agreement countries—
(i) The dollar amount of the successful bid; and
(ii) The name and address of the successful bidder.
(b) Information included in paragraph (a)(2) of this subsection shall be provided to any unsuccessful bidder upon request except when multiple awards have been made and furnishing information on the successful bids would require so much work as to interfere with normal operations of the contracting office. In such circumstances, only information concerning location of the abstract of offers need be given.
(c) When a request is received concerning an unclassified invitation from an inquirer who is neither a bidder nor a representative of a bidder, the contracting officer should make every effort to furnish the names of successful bidders and, if requested, the prices at which awards were made. However, when such requests require so much work as to interfere with the normal operations of the contracting office, the inquirer will be advised where a copy of the abstract of offers may be seen.
(d) Requests for records shall be governed by agency regulations implementing Subpart 24.2.
Sections it refers to
- 25.408 Procedures.
← 14.409 Information to bidders. · 14.409-2 Award of classified contracts. →
Rule changes for FAR Part 14
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 ↗ · proposed 2026-09-18 · comments due 2026-10-19
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.