FAR 14.1—Subpart 14.1

Elements of sealed bidding.

FAR 14.101 explains the core elements of sealed bidding and the sequence that makes the method work: preparing the invitation for bids (IFB), publicizing the IFB, submitting sealed bids, evaluating bids without discussions, and making award after public opening. The section is designed to ensure competition, transparency, and fairness by requiring clear and complete specifications, broad notice to the market, a fixed bid opening time and place, and award based on objective evaluation rather than negotiations. It also limits the Government to considering only price and any price-related factors stated in the IFB, which helps prevent post-opening changes to the competition. In practice, this section tells contracting officers how to structure a sealed bidding acquisition and tells bidders what to expect: no discussions, no bargaining, and award to the responsible bidder whose conforming bid is most advantageous to the Government. It is the foundation for using sealed bidding properly and for avoiding protests or award defects caused by unclear requirements, inadequate public notice, or improper evaluation.

[Reserved]

Policy.

Types of contracts.

FAR 14.104 addresses the type of contract that must be used when an agency is buying through sealed bidding. Its core rule is that sealed bidding normally requires a firm-fixed-price contract, which gives bidders a clear, common pricing basis and supports fair competition. The section also recognizes a limited exception: a fixed-price contract with an economic price adjustment clause may be used when authorized under FAR 16.203, but only when price flexibility is necessary and feasible. A key fairness requirement is that any such clause must give all bidders an equal opportunity to compete on the same terms. In practice, this section matters because it ties the sealed-bidding method to a specific contract structure, limits discretion in choosing contract type, and helps prevent unequal pricing treatment among bidders.

Solicitations for informational or planning purposes.

FAR 14.105 is a short cross-reference provision that tells readers that when the Government uses an invitation for bids or other solicitation document for informational or planning purposes, the controlling guidance is found in FAR 15.201(e), not in the sealed bidding rules themselves. In practical terms, this section addresses the use of solicitation materials to obtain market information, support acquisition planning, or communicate with industry without creating a binding procurement action. It matters because agencies sometimes issue draft solicitations, sources sought notices, or other bid-like documents to test requirements, estimate prices, or improve competition, and they must do so in a way that avoids confusion about whether the Government is actually soliciting offers. The section therefore serves as a pointer to the broader policy on exchanges with industry and pre-solicitation communications. For contractors, it signals that such documents may be informational only and may not lead directly to award or create entitlement to compensation, proposal costs, or a contract. For contracting officers and acquisition teams, it reinforces the need to clearly label and manage these communications so they support planning without unintentionally triggering procurement obligations or protest risk.