What Is the Basis of Award for a Sealed-Bid Contract

No contracts are awarded as a result of sealed tenders, unless it is a policy. For the purchase of fixed-price or fixed-price supplies and services with economic price adjustment, the customer may use the simplified design of the contract instead of the uniform design of the contract (see 14.201-1). The contractor has some flexibility in preparing and organizing the simplified contract format. However, the following format should be used to the fullest extent practicable: (j) The provision referred to in points 52.214-16, minimum acceptance period, shall be inserted in invitations to tender, with the exception of construction, if the contracting entity determines that a minimum acceptance period is to be fixed. (1) The customer has reason to believe that the tenders of a significant part of the tenderers have been delayed in the post office or in the communication system intended for the transmission of tenders for reasons beyond his control and without his fault or negligence (e.g. B flood, fire, accident, weather conditions, strikes or power failure or malfunction of state equipment at maturity). or (w) insert rule 52.214-34, Submission of Tenders in English, in tenders containing any of the clauses prescribed in sections 25.1101 or 25.1102. It may be included in other calls if the contract agent decides that it is necessary. (g) Section G, Contract Management Data. Provide all required accounting and appropriation data, as well as any required contract management information or instructions that are not included on the application form. After opening the offers, customers check all the offers for errors.

In the event of a manifest error and in cases where the contracting entity has reason to believe that an error may have been made, the contracting entity shall request the tenderer to review the tender and indicate the suspected error. If the Bidder alleges an error, the matter will be dealt with in accordance with this section 14.407. These measures shall be taken prior to allocation. (a) Policy. Contracting entities may not require tenderers to provide descriptive documents, unless this is necessary before the contract is awarded in order to determine whether the products proposed comply with the contract documents and to determine exactly what the tenderer intends to deliver. 14.404-1 Cancellation of invitations after opening. (a) The preservation of the integrity of the tendering system requires that, after the opening of tenders, the contract be awarded to the responsible bidder who submitted the lowest receptive tender, unless there is a compelling reason to reject all tenders and cancel the invitation. 2. Every effort shall be made to anticipate changes to an application before the opening date and to inform all potential tenderers of any resulting change or cancellation.

This allows bidders to modify their bids and avoid unnecessary disclosure of bid prices. (3) As a general rule, after the opening of tenders, an invitation may not be cancelled and re-requested only on the basis of increased requirements for the items purchased. The award must be made at the first call for tenders and the additional quantity must be treated as a new purchase. (b) If, before the award but after the opening, it is determined that the requirements of 11.201 (in terms of availability and identification of specifications) are not met, the invitation will be cancelled. (d) If administrative difficulties arise after the opening of the tender and may delay the award beyond the periods of acceptance of the tenderers, the various lowest bidders whose tenders have not yet expired (regardless of the acceptance period specified in the tender) should be invited to extend the period of acceptance of the tender in writing (with the consent of guarantees, where applicable) before the expiry of their offers in order to avoid a new invitation. (e) In certain circumstances, the completion of the acquisition after the cancellation of the alert may be appropriate. 1. Where the alert has been cancelled for the reasons set out in points (c)(6), (7) or (8) of this Subsection and the Head of the Agency, when determining point (c) of this Subsection, has authorised the conclusion of the acquisition by negotiation, the contract agent shall proceed in accordance with point (f) of this Subsection. 2. Where the call for tenders has been cancelled for the reasons set out in points (c)(1), (2), (4), 5 or 10 of this Subsection or for the reasons set out in points (c)(6), (7) or (8) of this Subsection and completion by negotiation is not permitted pursuant to point (e)(1) of this Subsection, the contracting entity makes a new acquisition.

(f) Where the Head of the Agency has determined, in accordance with paragraph (e)(1) of this paragraph, that a call for tenders should be cancelled and that the use of negotiations is in the interest of the Government, the contract agent may conduct negotiations (if necessary in accordance with Part 15) and award the contract without issuing a new call. (1) Each responsible tenderer who participated in the acquisition of the sealed tender was informed that negotiations were under way and was given the opportunity to participate in the negotiations; and (2) The contract shall be awarded to the responsible bidder who offers the lowest negotiated price. 14.404-2 Rejection of individual tenders. . . .