FAR 14.401—Receipt and safeguarding of bids.
Plain-English Summary
FAR 14.401 governs how sealed bids must be received, protected, and handled before bid opening under sealed bidding procedures. It covers the security of all bids and bid modifications received before the opening time, the requirement to keep bids unopened and inaccessible in a locked bid box, safe, or secured restricted-access electronic bid box, and the limited circumstances in which an envelope may be opened before bid opening solely to identify an otherwise unmarked bid. It also addresses what happens if an invitation for bids is cancelled, requiring bids to be returned to bidders, and it requires agencies to take precautions to protect the security of the bid receptacle itself. The section further restricts pre-opening disclosure of the identity and number of bids received to Government employees on a strict need-to-know basis, and it requires special care in handling bid samples so their characteristics are not disclosed before opening. Finally, it provides a corrective procedure for a sealed bid that is opened by mistake, including documentation, resealing, and immediate transfer to the designated official. In practice, this section exists to preserve the integrity of sealed bidding, prevent favoritism or premature disclosure, and protect the fairness and competitiveness of the procurement process.
Key Rules
Keep bids secure
All bids and bid modifications received before the scheduled opening time must be kept secure and unopened. They must remain in a locked bid box, safe, or secured restricted-access electronic bid box unless a narrow exception applies.
Do not view bids early
Except for the limited identification exception in paragraph (b), bids may not be opened or viewed before bid opening. The purpose is to prevent any premature disclosure of bid contents that could compromise competition.
Return bids if cancelled
If the invitation for bids is cancelled, the bids must be returned to the bidders. The Government may not retain cancelled sealed bids as if the competition were still active.
Protect bid receptacles
Necessary precautions must be taken to ensure the security of the bid box or safe. This means the agency must safeguard the physical or electronic receptacle against unauthorized access, tampering, or loss.
Limit pre-opening disclosure
Before bid opening, information about the identity and number of bids received may be disclosed only to Government employees and only on a need-to-know basis. This prevents unnecessary exposure of competitive information.
Handle bid samples carefully
When bid samples are submitted, they must be handled carefully enough to prevent disclosure of their characteristics before bid opening. Samples can reveal bid-related information and therefore require controlled handling.
Identify unmarked bid envelopes
Envelopes marked as bids but not identifying the bidder or solicitation may be opened only to identify them, and only by an official designated for that purpose. The opening is limited strictly to identification, not evaluation or review of bid contents.
Document mistaken openings
If a sealed bid is opened by mistake, the opener must sign the envelope and write their position on it, then deliver it to the designated official. That official must immediately note the explanation, date and time opened, and IFB number, sign the envelope, and reseal it.
Responsibilities
Contracting Officer / Designated Official
Ensure bids are received and stored securely, control access to bid information, designate officials authorized to open unmarked bid envelopes for identification, and immediately document and reseal any bid opened by mistake.
Government Employees
Limit pre-opening knowledge of the identity and number of bids received to those with a legitimate need to know, and maintain confidentiality before bid opening.
Agency / Procuring Activity
Provide secure bid receptacles or electronic bid boxes, take precautions to protect their security, and return bids to bidders if the IFB is cancelled.
Person Who Accidentally Opens a Bid
Sign the envelope, write their position on it, and promptly deliver it to the designated official for corrective handling.
Bidders
Submit bids in a manner that identifies the bidder and solicitation when required, and understand that improperly marked envelopes may be opened only for identification purposes.
Practical Implications
This section is about preserving the integrity of sealed bidding, so even small lapses in custody or access can create protest risk or undermine competition.
A common pitfall is treating pre-opening bid count or bidder identity as harmless information; FAR limits that disclosure to Government personnel with a need to know.
Another frequent issue is mishandling bid samples or unmarked envelopes, which can inadvertently reveal information before opening and create fairness concerns.
If a bid is opened by mistake, the corrective steps must be immediate and documented; delays or incomplete notation can create questions about the procurement record.
Contracting offices should have clear procedures for secure storage, access control, electronic bid box administration, and cancellation/return of bids to avoid compliance problems.
Official Regulatory Text
(a) All bids (including modifications) received before the time set for the opening of bids shall be kept secure. Except as provided in paragraph (b) of this section, the bids shall not be opened or viewed, and shall remain in a locked bid box, a safe, or in a secured, restricted-access electronic bid box. If an invitation for bids is cancelled, bids shall be returned to the bidders. Necessary precautions shall be taken to ensure the security of the bid box or safe. Before bid opening, information concerning the identity and number of bids received shall be made available only to Government employees. Such disclosure shall be only on a "need to know" basis. When bid samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before bid opening. (b) Envelopes marked as bids but not identifying the bidder or the solicitation may be opened solely for the purpose of identification, and then only by an official designated for this purpose. If a sealed bid is opened by mistake ( e.g., because it is not marked as being a bid), the envelope shall be signed by the opener, whose position shall also be written thereon, and delivered to the designated official. This official shall immediately write on the envelope (1)an explanation of the opening, (2) the date and time opened, and (3) the invitation for bids number, and shall sign the envelope. The official shall then immediately reseal the envelope.