FAR 14.202-7—Facsimile bids.
Plain-English Summary
FAR 14.202-7 addresses when and how contracting officers may accept facsimile (fax) bids in sealed bidding and what follow-up is allowed after bid opening. It covers the contracting officer’s discretion to authorize fax bids, the factors that must be considered before doing so, and the ability to request the apparently successful bidder to submit the complete original signed bid after the opening date. In practice, this section is about balancing speed and convenience against the need for secure, reliable, and fair bid receipt procedures. It matters because sealed bidding depends on strict control of bid opening, timely receipt, and protection of bid integrity; fax bids can help meet urgent needs, but only if the agency has adequate equipment and administrative controls. The rule also preserves the government’s ability to verify the original signed bid after opening, which helps confirm authenticity and completeness without undermining the sealed bidding process.
Key Rules
Fax bids may be authorized
Contracting officers may allow facsimile bids unless agency procedures prohibit or restrict them. This is a discretionary tool, not a default requirement, and it must be consistent with agency policy and the solicitation process.
Consider operational factors
Before authorizing fax bids, the contracting officer must consider bid size and volume, urgency, frequency of price changes, the reliability and capacity of the receiving fax equipment, and whether administrative procedures are strong enough to receive, identify, record, safeguard, and deliver bids on time.
Controls must protect bid integrity
If fax bids are used, the agency must have procedures that ensure bids are properly handled and delivered to the bid opening location by the deadline. The point is to preserve the fairness, timeliness, and security required in sealed bidding.
Original bid may be requested later
After the bid opening date, the contracting officer may ask the apparently successful offeror to provide the complete original signed bid. This allows the government to verify the faxed submission without delaying the opening process.
Original signature remains important
The post-opening request for the original signed bid underscores that the faxed bid is acceptable only within the authorized process, and the government may still need the signed original to confirm the bidder’s commitment and the exact terms submitted.
Responsibilities
Contracting Officer
Decide whether to authorize facsimile bids, taking into account the required factors and any agency restrictions. Ensure the solicitation and bid-receipt process include adequate controls for receiving, recording, safeguarding, and timely delivering faxed bids, and request the original signed bid from the apparently successful offeror when appropriate after opening.
Agency
Establish any procedures or restrictions governing the use of facsimile bids. Provide the administrative framework, equipment, and controls needed to receive and protect faxed bids reliably and to maintain the integrity of the sealed bidding process.
Bidder/Offeror
Submit the facsimile bid in accordance with the solicitation and any authorized fax procedures. If selected as the apparently successful offeror, provide the complete original signed bid when requested by the contracting officer after bid opening.
Bid Opening/Receiving Personnel
Receive, identify, record, safeguard, and promptly deliver faxed bids to the bid opening location in accordance with established procedures, ensuring bids are handled securely and on time.
Practical Implications
Fax bids can be useful for urgent procurements or when bidders need a faster submission method, but they are only safe to use when the agency can reliably control receipt and delivery.
A common pitfall is authorizing fax bids without checking whether the receiving equipment is dependable or whether staff procedures are strong enough to prevent misrouting, loss, or late delivery.
Another risk is assuming a faxed bid is enough in every case; contracting officers may still need the original signed bid after opening, especially from the apparent winner.
Because price changes can happen frequently in some markets, fax bids may be attractive, but they also increase the need for clear time-stamping and strict bid-opening controls.
Contractors should not treat fax authorization as informal permission; they must follow the solicitation instructions exactly, including any requirement to later furnish the original signed bid.
Official Regulatory Text
(a) Unless prohibited or otherwise restricted by agency procedures, contracting officers may authorize facsimile bids (see 14.201-6 (v)). In determining whether or not to authorize facsimile bids, the contracting officer shall consider factors such as- (1) Anticipated bid size and volume; (2) Urgency of the requirement; (3) Frequency of price changes; (4) Availability, reliability, speed, and capacity of the receiving facsimile equipment; and (5) Adequacy of administrative procedures and controls for receiving, identifying, recording, and safeguarding facsimile bids, and ensuring their timely delivery to the bids opening location. (b) If facsimile bids are authorized, contracting officers may, after the date set for bid opening, request the apparently successful offeror to provide the complete, original signed bid.