FAR 14.402-2—Classified bids.
Plain-English Summary
FAR 14.402-2 addresses how bid openings must be handled when an invitation for bids involves classified information. It covers four main topics: the prohibition on public attendance at classified bid openings, the limited right of a bidder or the bidder’s representative to attend and record the results, the contracting officer’s authority to make bids available later to properly cleared bidder representatives, and the requirement that no public record be created of the bids or bid prices received. The purpose is to protect national security information while preserving as much transparency and competition as is consistent with security requirements. In practice, this means the normal public bid-opening process under sealed bidding is modified for classified procurements, and access is restricted to individuals with the appropriate security clearance and need to know. Contracting officers must coordinate security and procurement procedures carefully so that bid opening remains fair, controlled, and compliant with classification rules.
Key Rules
No public attendance
The general public may not attend bid openings for classified acquisitions. This is a categorical restriction designed to prevent disclosure of classified procurement information during the sealed-bid opening process.
Cleared bidder access only
A bidder or the bidder’s representative may attend and record the results only if that individual has the appropriate security clearance. Attendance is not automatic; security eligibility is a condition of access.
Later access may be allowed
The contracting officer may make the bids available at a later time to properly cleared individuals who represent bidders. This gives the contracting officer discretion to provide controlled post-opening access, but only to cleared representatives.
No public record of bids
No public record may be made of bids or bid prices received in response to classified invitations for bids. This means the usual public bid-opening record is not created or released in a way that would disclose classified information.
Responsibilities
Contracting Officer
Restrict bid opening attendance to properly cleared individuals, control any later access to bids, and ensure that no public record of bids or bid prices is created for classified invitations for bids. The contracting officer must also coordinate with security personnel to protect classified information throughout the opening process.
Bidder
Ensure that any person sent to attend or review the bid opening has the appropriate security clearance and is authorized to represent the bidder. The bidder must not expect public access or public disclosure of bid prices in a classified procurement.
Bidder Representative
Attend or review the bid opening only if properly cleared, and record results only within the limits allowed by the security classification and the contracting officer’s procedures.
Agency/Security Personnel
Support the contracting officer by verifying clearances, controlling access to the opening, and safeguarding classified bid information so it is not disclosed to unauthorized persons.
Practical Implications
Classified sealed bidding is not a public event, so contractors should not send unvetted personnel to bid openings and should confirm clearance status in advance.
The usual transparency of sealed bidding is limited here; firms may not be able to rely on public bid-opening records to verify competitors’ prices.
Contracting officers must be careful not to create or release documents that function as a public bid-price record, even inadvertently.
Security clearance and authorization issues can delay or prevent attendance, so bidders should plan ahead and coordinate with the contracting activity before the opening.
A common pitfall is assuming that because sealed bidding normally involves public opening, the same rule applies to classified procurements; it does not, and security rules control.
Official Regulatory Text
The general public may not attend bid openings for classified acquisitions. A bidder or its representative may attend and record the results if the individual has the appropriate security clearance. The contracting officer also may make the bids available at a later time to properly cleared individuals who represent bidders. No public record shall be made of bids or bid prices received in response to classified invitations for bids.