FAR 14.402-1—Unclassified bids.
Plain-English Summary
FAR 14.402-1 explains how unclassified sealed bids must be handled at bid opening and immediately afterward. It covers the bid opening officer’s duties when the opening time arrives, the requirement to publicly open all timely received bids, the option to read bids aloud if practical, the need to record the bids, and the duty to safeguard the originals until the abstract of bids is prepared and verified under FAR 14.403. It also addresses delegation to an assistant while keeping the bid opening officer fully responsible, and it sets the rules for public examination of bids by interested persons. In practice, this section is designed to preserve the integrity, transparency, and fairness of sealed bidding by preventing tampering, ensuring equal access to bid information, and creating a reliable record of what was submitted and when.
Key Rules
Public bid opening required
When the scheduled opening time arrives, the bid opening officer must announce that the time has arrived and then personally and publicly open all bids received before that time. This is a mandatory transparency step in sealed bidding.
Read and record bids
If practical, the officer should read the bids aloud to those present, and the bids must be recorded. The purpose is to create an open, verifiable record of the bid contents at opening.
Safeguard original bids
The original of each bid must be carefully protected, especially until the abstract of bids is prepared under FAR 14.403 and its accuracy is verified. This protects against loss, alteration, or disputes over the contents of the bid.
Assistant may perform opening
The bid opening officer may delegate the physical opening procedure to an assistant, but the officer remains fully responsible for the assistant’s actions. Delegation does not transfer accountability.
Public inspection allowed with limits
Interested persons may examine bids if doing so does not unduly interfere with Government business. Inspection is permitted only under controlled conditions that preserve the integrity of the bids.
Originals stay under government control
Original bids may not leave the hands of a Government official unless a duplicate is unavailable for public inspection. If the original is shown, it must be under immediate supervision and in conditions that prevent substitution, addition, deletion, or alteration.
Responsibilities
Bid Opening Officer
Determine when the opening time has arrived, announce that decision, personally and publicly open all timely bids, read bids aloud if practical, ensure bids are recorded, safeguard original bids, and control or supervise any public examination of bids.
Assistant to the Bid Opening Officer
Carry out the opening procedure if delegated, while following the officer’s directions and maintaining the integrity of the opening process.
Government Official Supervising Inspection
Keep original bids under direct supervision during any public examination and ensure conditions prevent tampering, substitution, deletion, or alteration.
Interested Persons/Public
May inspect bids only when permitted and only in a manner that does not unduly interfere with Government business and complies with the supervision and anti-tampering safeguards.
Practical Implications
This section is about preserving the integrity of sealed bidding; even small procedural mistakes can create protests, disputes, or questions about fairness.
Contracting personnel should be prepared to open bids exactly at the stated time and to document the opening carefully, because the record created at opening is often critical later.
Public access is allowed, but only under controlled conditions; agencies should have a clear process for viewing bids without letting originals leave government control.
If an assistant handles the opening, the bid opening officer still owns the outcome, so training and oversight matter.
A common pitfall is failing to protect originals after opening or allowing inspection conditions that create any chance of bid alteration or substitution.
Official Regulatory Text
(a) The bid opening officer shall decide when the time set for opening bids has arrived and shall inform those present of that decision. The officer shall then (1) personally and publicly open all bids received before that time, (2)if practical, read the bids aloud to the persons present, and (3) have the bids recorded. The original of each bid shall be carefully safeguarded, particularly until the abstract of bids required by 14.403 has been made and its accuracy verified. (b) Performance of the procedure in paragraph (a) of this section may be delegated to an assistant, but the bid opening officer remains fully responsible for the actions of the assistant. (c) Examination of bids by interested persons shall be permitted if it does not interfere unduly with the conduct of Government business. Original bids shall not be allowed to pass out of the hands of a Government official unless a duplicate bid is not available for public inspection. The original bid may be examined by the public only under the immediate supervision of a Government official and under conditions that preclude possibility of a substitution, addition, deletion, or alteration in the bid.