FAR 14.402-3—Postponement of openings.
Plain-English Summary
FAR 14.402-3 explains when and how a sealed bid opening may be postponed, even after the scheduled opening time, and how that postponement must be handled. It covers two main situations: delayed bids caused by events beyond bidders’ control, and emergency or unanticipated events that interrupt normal Government operations. The section also addresses the required public posting of a postponement decision, when and how prospective bidders should be notified, and what happens when urgent Government needs prevent issuing a formal solicitation amendment. In those urgent cases, the rule deems the bid opening time extended to the first work day when normal Government processes resume, and it ties that deemed time to the late-bid rules in FAR 14.304. Finally, it requires the contracting activity to document the postponement in the bid abstract or contract file so the record explains why the opening did not occur as originally scheduled. In practice, this section protects fairness and competition while giving the Government flexibility to respond to disruptions without improperly excluding bidders or compromising the integrity of the sealed bidding process.
Key Rules
Postponement is allowed after scheduled time
A bid opening may be postponed even after the scheduled opening time, but only in accordance with FAR 14.208 and the conditions in this section. The rule preserves the integrity of sealed bidding while allowing limited flexibility when circumstances justify delay.
Delayed bids beyond bidder control
If the contracting officer has reason to believe an important segment of bidders’ bids were delayed by mail or the specified transmission system for reasons beyond the bidders’ control and without their fault or negligence, postponement is permitted. Examples include flood, fire, accident, weather, strikes, or Government equipment blackout or malfunction when bids are due.
Emergency interruptions to Government processes
A postponement is also allowed when emergency or unanticipated events interrupt normal Government processes so that scheduled bid opening is impractical. This covers disruptions that make it unreasonable or impossible to conduct the opening as planned.
Public posting required for delayed-bid postponement
When postponement is based on delayed bids under paragraph (a)(1), the contracting officer must publicly post the determination at the time it is made. If practical before a formal amendment is issued, the decision should also be communicated to prospective bidders likely to attend the opening.
Deemed extension when amendment is impractical
When the postponement is due to emergency interruption under paragraph (a)(2), and urgent Government needs prevent issuing a solicitation amendment under FAR 14.208, the bid opening time is automatically extended to the same time of day on the first work day when normal Government processes resume. This deemed extension controls the late-bid determination under FAR 14.304.
Document the postponement in the file
The contracting activity must note the circumstances of the postponement on the abstract of bids or otherwise in the contract file. This record supports transparency, auditability, and later review of late-bid issues.
Responsibilities
Contracting Officer
Determine whether the facts justify postponement, ensure the action is consistent with FAR 14.208, publicly post the postponement when required, communicate the change to likely attendees if practical, and document the reason for the delay in the bid abstract or file.
Agency/Contracting Activity
Maintain the official record of the postponement and preserve documentation showing why the opening was delayed and how the new opening time was established.
Prospective Bidders
Monitor posted notices and communications for changes to the bid opening time and ensure bids are submitted in a manner that accounts for any postponement or deemed extension.
Government Personnel Managing the Opening
Resume the bid opening at the proper extended time when normal processes restart, and apply the late-bid rules using the deemed opening time where paragraph (c) applies.
Practical Implications
This section is mainly about protecting competition and fairness when outside events disrupt the sealed bidding process. If the Government knows many bids may be delayed through no fault of bidders, postponing the opening can prevent unfairly excluding otherwise timely bids.
The biggest pitfall is failing to document the reason for the postponement or failing to post notice promptly. Poor documentation can create disputes over whether a bid was late and whether the opening was properly conducted.
Another common issue is confusing a true postponement under this section with a simple administrative delay. The contracting officer should tie the decision to the specific conditions in paragraph (a) and follow the notice/documentation steps.
When urgent needs prevent a formal amendment, the deemed extension rule matters because it affects late-bid analysis. Contracting personnel should be careful to use the first work day when normal Government processes resume and the same time of day stated in the solicitation.
Bidders should not assume the original opening time still controls after a disruption. They should watch for public postings and communications, and they should understand that the late-bid clock may shift automatically in emergency situations.
Official Regulatory Text
(a) A bid opening may be postponed even after the time scheduled for bid opening (but otherwise in accordance with 14.208 ) when- (1) The contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails, or in the communications system specified for transmission of bids, for causes beyond their control and without their fault or negligence ( e.g., flood, fire, accident, weather conditions, strikes, or Government equipment blackout or malfunction when bids are due); or (2) Emergency or unanticipated events interrupt normal governmental processes so that the conduct of bid opening as scheduled is impractical. (b) At the time of a determination to postpone a bid opening under paragraph (a)(1) of this section, an announcement of the determination shall be publicly posted. If practical before issuance of a formal amendment of the invitation, the determination shall be otherwise communicated to prospective bidders who are likely to attend the scheduled bid opening. (c) In the case of paragraph (a)(2) of this section, and when urgent Government requirements preclude amendment of the solicitation as prescribed in 14.208 , the time specified for opening of bids will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume. In such cases, the time of actual bid opening shall be deemed to be the time set for bid opening for the purpose of determining "late bids" under 14.304 . A note should be made on the abstract of bids or otherwise added to the file explaining the circumstances of the postponement.