FAR 14.303—Modification or withdrawal of bids.
Plain-English Summary
FAR 14.303 explains how a sealed bidding offeror may modify or withdraw a bid before bid opening, and it sets the handling rules for those actions depending on the method used. It covers four main topics: general modification or withdrawal by any solicitation-authorized method, special rules for facsimile bid modifications or withdrawals, in-person withdrawal procedures, and the treatment of electronically transmitted bids when withdrawn. The section exists to preserve the integrity of sealed bidding by ensuring that bidders can correct or retract bids before the exact opening time, while preventing premature disclosure of bid contents. In practice, it gives bidders a limited right to change their minds or fix mistakes, but only if they meet strict timing and delivery requirements. It also imposes specific administrative safeguards on government personnel, such as sealing faxed modifications, marking envelopes, and protecting electronic data from viewing or retention. For contracting officers and bid-opening officials, this section is about maintaining a fair, auditable, and secure bid-opening process.
Key Rules
Timely modification or withdrawal
A bid may be modified or withdrawn by any method allowed in the solicitation, but the notice must reach the office named in the solicitation no later than the exact time set for bid opening. If the notice arrives after that deadline, it is ineffective.
Fax changes before receipt deadline
If the solicitation permits facsimile bids, a bid may be modified or withdrawn by fax before the exact time set for receipt of bids, subject to the solicitation’s prescribed conditions. This creates a narrow exception tied to the solicitation’s fax procedures.
Secure handling of faxed modifications
Any modification received by fax must be sealed in an envelope by a proper official, who must mark the envelope with the date and time of receipt, the identity of the recipient, the IFB number, and their signature. The contents may not be disclosed before bid opening.
In-person withdrawal procedure
A bidder or authorized representative may withdraw a bid in person before bid opening only if their identity is established and they sign a receipt for the bid. This ensures the government can verify who took the bid back and when.
Electronic bid withdrawal protection
If an electronically transmitted bid is withdrawn, the data received must not be viewed and must be purged from both primary and backup storage systems. The rule protects confidentiality and prevents the withdrawn bid from influencing the competition.
Responsibilities
Contracting Officer / Bid Opening Official
Ensure the solicitation identifies the correct office for receipt of modifications or withdrawals and enforce the exact-time deadline. Oversee secure handling of faxed modifications, prevent disclosure before opening, and ensure withdrawn electronic bid data is not viewed and is purged from storage.
Proper Government Official Receiving Faxed Modification
Seal the faxed modification in an envelope, write the date and time of receipt, the name of the person who received it, and the IFB number on the envelope, and sign it. Maintain confidentiality of the contents until bid opening.
Bidder
Submit any modification or withdrawal using a method authorized by the solicitation and ensure it is received at the designated office by the exact bid-opening time. If withdrawing in person, provide proper identification and sign a receipt.
Authorized Representative of Bidder
If withdrawing a bid in person, establish identity and authority to act for the bidder, and sign the receipt for the bid before taking it back.
Agency / System Administrator
For electronically transmitted bids, ensure systems and procedures allow withdrawn bid data to be purged from primary and backup storage without being viewed, and preserve the integrity of the sealed bidding process.
Practical Implications
The deadline is absolute: a bid modification or withdrawal that arrives even slightly late is generally ineffective, so bidders need reliable delivery methods and internal controls.
Faxed and electronic submissions require special handling, so contracting offices must have clear procedures and trained personnel to avoid accidental disclosure or improper retention of bid data.
In-person withdrawals are not informal; the government must verify identity and obtain a signed receipt, which helps prevent disputes about whether the bid was actually withdrawn.
Bidders should confirm the solicitation’s authorized methods and any fax-specific conditions before relying on them, because the rule only works within the solicitation’s stated procedures.
A common pitfall is assuming that sending a withdrawal is enough; under this section, receipt by the designated office before the exact time is what matters, not merely transmission or intent.
Official Regulatory Text
(a) Bids may be modified or withdrawn by any method authorized by the solicitation, if notice is received in the office designated in the solicitation not later than the exact time set for opening of bids. If the solicitation authorizes facsimile bids, bids may be modified or withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision prescribed in 14.201-6 (v). Modifications received by facsimile shall be sealed in an envelope by a proper official. (1) The official shall– (i) Write on the envelope– (A) The date and time of receipt and by whom; and (B) The number of invitation for bids; and (ii) Sign the envelope. (2) No information contained in the envelope shall be disclosed before the time set for bid opening. (b) A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for opening of bids, the identity of the persons requesting withdrawal is established and that person signs a receipt for the bid. (c) Upon withdrawal of an electronically transmitted bid, the data received shall not be viewed and shall be purged from primary and backup data storage systems.