DFARS Part 214: Sealed Bidding

In plain English

DFARS Part 214 implements and supplements FAR Part 14 on sealed bidding for DoD acquisitions. It adds specific requirements for solicitation provisions, handling of bids, cancellation and resolicitation when only one offer is received, and supply chain risk evaluations for information technology. These rules affect how contractors prepare and submit bids and how contracting officers conduct sealed bidding.

Key rules

• When acquiring information technology that is a covered system, part of a covered system, or in support of a covered system, include an evaluation factor for supply chain risk. (214.201-5, 214.503-1)
• Use the solicitation provisions Notice of Intent to Resolicit (252.215-7007) and Only One Offer (252.215-7008) as prescribed. (214.201-6)
• When using brand name or equal purchase descriptions, the provision at FAR 52.211-6 satisfies the descriptive literature requirement. (214.202-5)
• If an invitation for bids allowed fewer than 30 days for receipt of offers and resulted in only one offer, the contracting officer must cancel and resolicit, allowing at least 30 additional days for receipt of offers. (214.209)
• If only one offer is received after bid opening, follow the procedures at 215.371 instead of FAR 14.404-1(f). (214.404-1)
• For acquisitions exceeding the simplified acquisition threshold, if only one offer is received, follow the procedures at 215.371. (214.408-1)
• Authority to make determinations on mistakes in bids under FAR 14.407-3(a), (b), and (d) is delegated to specific officials for defense agencies, without power of redelegation. (214.407-3)

Who does what

In practice

• If you are bidding on a DoD IT acquisition that is a covered system, your proposal will be evaluated on supply chain risk.
• If you submit the only bid and the solicitation allowed less than 30 days, the contracting officer will likely cancel and resolicit, giving you another chance to bid.
• For acquisitions above the simplified acquisition threshold, if you are the only offeror, the contracting officer will follow the procedures at 215.371, which may involve resolicitation or other actions.
• When brand name or equal descriptions are used, the solicitation will include FAR 52.211-6, so you must provide descriptive literature if you offer an equal product.

Common pitfalls

• Assuming that a single bid will automatically lead to award; DFARS requires cancellation and resolicitation if the solicitation allowed fewer than 30 days.
• Ignoring the supply chain risk evaluation factor when bidding on covered IT systems, which could make your bid nonresponsive or less competitive.
• Failing to provide descriptive literature when offering an 'equal' product under a brand name or equal solicitation, as required by FAR 52.211-6.

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.