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48 CFR · Federal Acquisition Regulation and Defense supplement

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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.

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57 sections with “sealed bid contracts”: the first 40

  • FAR 32.405 Applying Pub. L. 85-804 to advance payments under sealed bid contracts.
    … include making advance payments. These advance payments may be made at or after award of sealed bid contracts as well as negotiated contracts. (b) Bidders may request advance payments before or after award, even if the invitation for bids…
  • FAR 6.401 Sealed bidding and competitive proposals.
    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…
  • FAR 53.214 Sealed bidding.
    The following forms are prescribed for use in contracting by sealed bidding (except for construction and architect-engineer services): (a) SF 26 (Rev. 12/2022), Award/Contract. SF 26 is prescribed for use in awarding sealed bid contracts f…
  • FAR 52.214-26 Audit and Records—Sealed Bidding.
    As prescribed in 14.201-7(a)(1), insert the following clause: Audit and Records—Sealed Bidding (JUN 2020) (a) As used in this clause, records includes books, documents, accounting procedures and practices, and other data, regardless of ty…
  • FAR 14.103-1 General.
    (a) Sealed bidding shall be used whenever the conditions in 6.401(a) are met. This requirement applies to any proposed contract action under part 6. (b) Sealed bidding may be used for classified acquisitions if its use does not violate age…
  • FAR 14.201-7 Contract clauses.
    (a) When contracting by sealed bidding, the contracting officer shall insert the clause at 52.214-26, Audit and Records-Sealed Bidding, in solicitations and contracts as follows: (1) Use the basic clause if— (i) The acquisition will not u…
  • FAR 6.102 Use of competitive procedures.
    … for use in fulfilling the requirement for full and open competition are as follows: (a) Sealed bids. (See 6.401(a).) (b) Competitive proposals. (See 6.401(b).) If sealed bids are not appropriate under paragraph (a) of this section, contr…
  • FAR 14.104 Types of contracts.
    Firm-fixed-price contracts shall be used when the method of contracting is sealed bidding, except that fixed-price contracts with economic price adjustment clauses may be used if authorized in accordance with 16.203 when some flexibility is…
  • FAR 17.106-1 General.
    … selection of the method of contracting, since the multiyear procedure is compatible with sealed bidding, including two-step sealed bidding, and negotiation. (b) Type of contract. Given the longer performance period associated with multiye…
  • FAR 2.101 Definitions.
    …ld bind the offeror to perform the resultant contract. Responses to invitations for bids (sealed bidding) are offers called “bids” or “sealed bids”; responses to requests for proposals (negotiation) are offers called “proposals”; however, r…
  • FAR 3.403 Applicability.
    …. Statutory requirements for negotiated contracts are, as a matter of policy, extended to sealed bid contracts.
  • FAR 16.203-2 Application.
    …to contingencies beyond the contractor's control. For use of economic price adjustment in sealed bid contracts, see 14.408-4. (a) In establishing the base level from which adjustment will be made, the contracting officer shall ensure that …
  • FAR 18.122 Advance payments.
    …traordinary Contractual Actions). These advance payments may be made at or after award of sealed bid contracts, as well as negotiated contracts. (See 32.405.)
  • FAR 22.1021 Requests for hearing.
    …ministrator will not consider requests for a hearing unless received as follows: (1) For sealed bid contracts, more than 10 days before the award of the contract; or (2) For negotiated contracts and for contracts with provisions exceeding…
  • FAR 30.000 Scope of part.
    …(48 CFR chapter 99) to negotiated contracts and subcontracts. This part does not apply to sealed bid contracts or to any contract with a small business concern (see 48 CFR 9903.201-1(b) for these and other exemptions).
  • FAR 32.401 Statutory authority.
    The agency may authorize advance payments in negotiated and sealed bid contracts if the action is appropriate under (a) 41 U.S.C. chapter 45; (b) 10 U.S.C. chapter 277; or (c) Pub. L. 85-804 (50 U.S.C. 1431-1435) and Executive Order 1078…
  • FAR 52.204-8 Annual Representations and Certifications.
    …res in Part 13; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11, Certificati…
  • DFARS 225.870-3 Submission of offers.
    …dorsement before contract award. (c) The Canadian Commercial Corporation will submit all sealed bids in terms of U.S. currency. Do not adjust contracts awarded under sealed bidding for losses or gains from fluctuation in exchange rates. (…
  • FAR 5.303 Announcement of contract awards.
    …excess of the simplified acquisition threshold, they shall include— (1) For awards after sealed bidding, a statement that the contract was awarded after competition by sealed bidding, the number of offers solicited and received, and the ba…
  • FAR 14.000 Scope of part.
    …e basic requirements of contracting for supplies and services (including construction) by sealed bidding, (b) the information to be included in the solicitation (invitation for bids), (c) procedures concerning the submission of bids, (d) re…
  • FAR 17.202 Use of options.
    (a) Subject to the limitations of paragraphs (b) and (c) of this section, for both sealed bidding and contracting by negotiation, the contracting officer may include options in contracts when it is in the Government's interest. When using s…
  • FAR 19.306 Protesting a firm's status as a HUBZone small business concern.
    …n interested party shall submit its writtten protest to the contracting officer— (i) For sealed bids— (A) By the close of business on the fifth business day after bid opening; or (B) By the close of business on the fifth business day fro…
  • FAR 19.307 Protesting a firm's status as a service-disabled veteran-owned small business concern.
    … (i) To be received by close of business on the fifth business day after bid opening for sealed bid acquisitions; (ii) To be received by close of business on the fifth business day after receipt of the special notification from the contra…
  • FAR 19.308 Protesting a firm's status as an economically disadvantaged women-owned small business concern or women-owned small business concern eligible under the Women-Owned Small Business Program.
    …) To be received by the close of business by the fifth business day after bid opening for sealed bid acquisitions; (ii) To be received by the close of business by the fifth business day after receipt of the special notification from the co…
  • FAR 22.807 Exemptions.
    …thdrawal shall not apply— (1) To contracts awarded before the withdrawal; or (2) To any sealed bid contract (including restricted sealed bidding), unless the withdrawal is made more than 10 days before the bid opening date.
  • FAR 36.701 Standard and optional forms for use in contracting for construction or dismantling, demolition, or removal of improvements.
    …d, and may be used for contracts at or below the simplified acquisition threshold. In all sealed bid solicitations, or when the Government otherwise requires a noncancellable offer acceptance period, the contracting officer shall insert in …
  • DFARS 217.208 Solicitation provisions and contract clauses.
    Sealed bid solicitations shall not include provisions for evaluations of options unless the contracting officer determines that there is a reasonable likelihood that the options will be exercised (10 U.S.C. 3206(e)). This limitation also ap…
  • FAR 4.702 Applicability.
    …nerated under contracts that contain one of the following clauses: (1) Audit and Records—Sealed Bidding (52.214-26). (2) Audit and Records—Negotiation (52.215-2). (b) This subpart is not mandatory on Department of Energy contracts for wh…
  • FAR 4.1202 Solicitation provision and contract clause.
    …ility or a Felony Conviction under any Federal Law. (12) 52.214-14, Place of Performance—Sealed Bidding. (13) 52.215-6, Place of Performance. (14) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II). (15) 52.2…
  • FAR 7.105 Contents of written acquisition plans.
    …s, special solicitation provisions, or FAR deviations required (see subpart 1.4); whether sealed bidding or negotiation will be used and why; whether equipment will be acquired by lease or purchase (see subpart 7.4) and why; and any other c…
  • FAR 12.102 Applicability.
    …, evaluation and award prescribed in part 13, Simplified Acquisition Procedures; part 14, Sealed Bidding; or part 15, Contracting by Negotiation, as appropriate for the particular acquisition. (c) Contracts for the acquisition of commercia…
  • FAR 15.400 Scope of subpart.
    …subcontracts) and contract modifications, including modifications to contracts awarded by sealed bidding.
  • FAR 15.403-4 Requiring certified cost or pricing data (10 U.S.C. chapter 271 and 41 U.S.C. chapter 35).
    … cost or pricing data (but see waivers at 15.403-1(c)(4)). (iii) The modification of any sealed bid or negotiated contract (whether or not certified cost or pricing data were initially required) or any subcontract covered by paragraph (a)(…
  • FAR 16.102 Policies.
    (a) Contracts resulting from sealed bidding shall be firm-fixed-price contracts or fixed-price contracts with economic price adjustment. (b) Contracts negotiated under part 15 may be of any type or combination of types that will promote th…
  • FAR 16.103 Negotiating contract type.
    … major systems or research and development; and (iii) Awards on the set-aside portion of sealed bid partial set-asides for small business.
  • FAR 17.104 General.
    … obligated may not be available at the time of contract award. This method may be used in sealed bidding or contracting by negotiation. (b) Multiyear contracting is a flexible contract method applicable to a wide range of acquisitions. The…
  • FAR 17.208 Solicitation provisions and contract clauses.
    …s determined that there is a reasonable likelihood that the option will be exercised. For sealed bids, the determination shall be in writing. (d) Insert a clause substantially the same as the clause at 52.217-6, Option for Increased Quanti…
  • FAR 17.803 Applicability.
    …t-engineer services subject to 40 U.S.C. chapter 11 (see 36.601); (c) Procurements using sealed bidding procedures (see part 14); or (d) Acquisition of personal protective equipment, in accordance with— (1) Sections 813 and 814 of the Na…
  • FAR 19.302 Protesting a small business representation or rerepresentation.
    …ng officer by the close of business of the fifth business day after— (i) Bid opening for sealed bid acquisitions; or (ii) Receipt of the special notification from the contracting officer (see 15.503(a)(2)) that identifies the apparently s…
  • FAR 19.309 Solicitation provisions and contract clauses.
    … for solicitations issued after October 1, 2028 (see 19.102(b)). (b) When contracting by sealed bidding, insert the provision at 52.219-2, Equal Low Bids, in solicitations when the contract is for supplies to be delivered or services to be…

FAR (chapter 1)

DFARS (chapter 2, Defense)

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Rule changes in progress: FAR, DFARS. Terms: glossary.