FAR 14.404-5—All or none qualifications.
Plain-English Summary
FAR 14.404-5 addresses how contracting officers should treat "all or none" bid qualifications in sealed bidding. It covers two related issues: first, whether a bid remains responsive when the bidder says it will accept award only if all items, or a specified group of items, are awarded together; and second, whether that qualification can be withdrawn or changed after bid opening. The rule exists to preserve fairness and integrity in the competitive bidding process by making clear when a bidder’s condition is part of the bid and when it becomes fixed. In practice, this section helps contracting officers decide whether to reject or accept a bid that contains an all-or-none condition, and it protects other bidders by preventing post-opening changes that could alter the competitive standing of bids. The practical effect is that an all-or-none condition may be acceptable if the solicitation allows it, but once bids are opened the bidder cannot use that condition as a basis to revise the bid.
Key Rules
All-or-none bids may be responsive
Unless the solicitation says otherwise, a bid is not automatically nonresponsive just because the bidder states it will accept award only if all items, or a specified group of items, are awarded together. The key question is whether the solicitation permits that type of qualification.
Solicitation controls the rule
The solicitation may prohibit all-or-none qualifications or otherwise limit them. If it does, the bidder must comply with those terms, and the qualification may make the bid unacceptable.
No post-opening withdrawal
A bidder may not withdraw an all-or-none qualification after bid opening. The qualification is part of the bid and becomes fixed when bids are opened.
No post-opening modification
A bidder may not modify an all-or-none qualification after bid opening. Allowing a change would affect the substance of the bid and could change the competitive position of other bidders.
Qualification is substantive
An all-or-none condition is treated as a material part of the bid, not a minor clerical issue. Because it affects the government’s ability to accept the bid and the rights of other bidders, it cannot be treated as a harmless correction.
Responsibilities
Contracting Officer
Review bids for all-or-none qualifications and determine whether the solicitation allows them. After bid opening, do not permit withdrawal or modification of such qualifications, and evaluate responsiveness based on the bid as opened.
Bidder/Contractor
State any all-or-none condition clearly in the bid and ensure it is consistent with the solicitation. Once bids are opened, do not attempt to change or remove the qualification.
Agency
Draft solicitations to state whether all-or-none qualifications are permitted and ensure the bidding process is administered consistently and fairly.
Other Bidders
Rely on the rule that post-opening changes to all-or-none qualifications are not allowed, so the competitive field is not altered after bids are exposed.
Practical Implications
A bid with an all-or-none condition may still be acceptable, but only if the solicitation does not prohibit it.
Contracting officers should check the solicitation first; the solicitation can override the default rule.
After bid opening, the bidder cannot fix a bad all-or-none condition by withdrawing it or changing the group of items covered.
These qualifications can affect award decisions, especially when the government wants to award items separately or to different bidders.
A common pitfall is treating an all-or-none condition like a minor irregularity; it is substantive and must be handled as part of bid responsiveness.
Official Regulatory Text
Unless the solicitation provides otherwise, a bid may be responsive notwithstanding that the bidder specifies that award will be accepted only on all, or a specified group, of the items. Bidders shall not be permitted to withdraw or modify "all or none" qualifications after bid opening since such qualifications are substantive and affect the rights of other bidders.