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FAR and DFARS › FAR Part 6: Competition Requirements › Subpart 6.4

FAR 6.401 Sealed bidding and competitive proposals.

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 explains that sealed bidding and competitive proposals are both acceptable methods for awarding contracts under certain parts of the FAR. It specifies when sealed bidding must be used and when competitive proposals may be used instead. For contracts performed outside the United States, competitive proposals are generally required because discussions with offerors are usually necessary.

Applies to: Contracting officers

What it requires

  • Solicit sealed bids if time permits, award will be based on price and price-related factors, discussions are not needed, and more than one sealed bid is expected.
  • Use competitive proposals for contracts performed outside the United States and its outlying areas unless discussions are not required and sealed bidding is otherwise appropriate.

Key terms: sealed bidding · competitive proposals · contracting officers · discussions · offerors

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

The text

Sealed bidding and competitive proposals, as described in parts 14 and 15, are both acceptable procedures for use under subparts 6.1, 6.2; and, when appropriate, under subpart 6.3.

(a) Sealed bids. (See part 14 for procedures.) Contracting officers shall solicit sealed bids if—

(1) Time permits the solicitation, submission, and evaluation of sealed bids;

(2) The award will be made on the basis of price and other price-related factors;

(3) It is not necessary to conduct discussions with the responding offerors about their bids; and

(4) There is reasonable expectation of receiving more than one sealed bid.

(b) Competitive proposals. (See part 15 for procedures.)

(1) Contracting officers may request competitive proposals if sealed bids are not appropriate under paragraph (a) of this section.

(2) Because of differences in areas such as law, regulations, and business practices, it is generally necessary to conduct discussions with offerors relative to proposed contracts to be made and performed outside the United States and its outlying areas. Competitive proposals will therefore be used for these contracts unless discussions are not required and the use of sealed bids is otherwise appropriate.

Sections that refer to it

  • 6.102 Use of competitive procedures.
  • 14.103-1 General.
  • 36.103 Methods of contracting.
  • 37.105 Competition in service contracting.

← 6.305 Availability of the justification. · 6.501 Requirement. →

Rule changes for FAR Part 6

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

FAR 6.401 Sealed bidding and competitive proposals · SpendQuery