FAR 14.402—Opening of bids.
Contents
- 14.402-1
Unclassified bids.
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.
- 14.402-2
Classified bids.
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.
- 14.402-3
Postponement of openings.
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.