samsearch
    Platform
    01InfluenceShape the requirement before it's on your competitor's radar.
    Signal
    Recompete window opens in 42 days
    Facilities maintenance IDIQ$8.4M
    Forecast
    Agency spend up 18% next FY
    DoD facilitiesQ3 window
    02CaptureFind and qualify the work across every market.
    Federal91%
    Network engineering support — GSA MAS
    GSA541512
    SLED88%
    Custodial services — Fairfax County Public Schools
    K-12561720
    DIBBS79%
    Aircraft hydraulic fitting — DLA Aviation
    DLANSN 5330
    03AnalyzeExtract requirements and build the compliance matrix.
    Compliance matrix
    L.2.1Technical approachVol I
    L.3.4Staffing planVol I
    M.1Past performanceEvaluated
    SOW breakdown
    Requirements extracted38
    Mapped to Section L/M38
    Every extractionCited
    Ask Sammy
    “Do we meet the small business set-aside?”
    04ManageRun the pursuit through to award.
    Pipeline
    QualifyFacilities support · USACE
    CaptureComms upgrade · DLA
    ProposalShipyard dredging · NAVSEA
    PriyaAlex
    This week
    Submit past performance refsThu
    Confirm subK teamingFri
    Upload SF 33Mon
    05RespondDraft and submit your response.
    Drafting · Volume I
    247 words
    RFI response
    CompanyAcme Robotics LLC
    UEIJK4M8…
    Capability narrativeDrafted
    06FinanceGet paid faster on what you win.
    Capital available
    $2.4M against your award
    Facilities maintenance IDIQAwarded
    Partner matched
    LenderFederal Capital Partners
    Draw available$2.4M
    UnderwritingCleared
    The platform
    Influence
    Capture
    Analyze
    Manage
    Respond
    Finance
    One pipeline, six stages, start to award.
    See the whole platform
    Solutions
    By industry
    Tech & softwareSoftware and SaaS companies entering GovCon.Defense contractorsPrimes and subs in the defense industrial base.ConstructionBuilders bidding federal, state, and local work.CybersecuritySecurity vendors pursuing federal mandates.
    By team
    Capture managers & BDPipeline, qualification, and win strategy.Proposal teamsCompliance matrices and proposal drafting.Subcontractors & primesTeaming, subcontracting, and partner fit.
    By company size
    Small businessesSet-aside and small business contractors.EnterpriseLarge contractors running multiple pursuits.ConsultantsAdvisors and capture consultants.
    Browse all industries
    CustomersPricing
    ResourcesNew
    Learn
    AcademyCourses, guides, and playbooks.WebinarsLive sessions and recordings.DocsProduct documentation and setup guides.Implementation planOperational rollout guidance.
    Tools & data
    Free GovCon toolsCalculators, lookups, and more.Gov ExploreContracts, agencies, and NAICS codes.GovCon eventsConferences, training, and set-aside events.
    Latest blogIntroducing the New SamSearch: The Operating System for Government ContractingSamSearch has a new brand, a new site, and a new way of explaining what the platform actually does — the operating system for government contracting, organized around six stages instead of a single search box. Here's what changed and why.Read the post →
    All resources and tools
    Sign inRequest a demo
    Home/FAR Navigator/14/14.4/14.408/14.408-6

    FAR Navigator

    • 1Federal Acquisition Regulations System
    • 2Definitions of Words and Terms
    • 3Improper Business Practices and Personal Conflicts of Interest
    • 4Administrative and Information Matters
    • 5Publicizing Contract Actions
    • 6Competition Requirements
    • 7Acquisition Planning
    • 8Required Sources of Supplies and Services
    • 9Contractor Qualifications
    • 10Market Research
    • 11Describing Agency Needs
    • 12Acquisition of Commercial Products and Commercial Services
    • 13Simplified Acquisition Procedures
    • 14Sealed Bidding
      • 14.000Scope of part.
      • 14.1Subpart 14.1
      • 14.2Subpart 14.2
      • 14.3Subpart 14.3
      • 14.4Subpart 14.4
        • 14.400Scope of subpart.
        • 14.401Receipt and safeguarding of bids.
        • 14.402Opening of bids.
        • 14.403Recording of bids.
        • 14.404Rejection of bids.
        • 14.405Minor informalities or irregularities in bids.
        • 14.406Receipt of an unreadable electronic bid.
        • 14.407Mistakes in bids.
        • 14.408Award.
          • 14.408-1General.
          • 14.408-2Responsible bidder-reasonableness of price.
          • 14.408-3Prompt payment discounts.
          • 14.408-4Economic price adjustment.
          • 14.408-5[Reserved]
          • 14.408-6Equal low bids.
          • 14.408-7Documentation of award.
          • 14.408-8Protests against award.
        • 14.409Information to bidders.
      • 14.5Subpart 14.5
    • 15Contracting by Negotiation
    • 16Types of Contracts
    • 17Special Contracting Methods
    • 18Emergency Acquisitions
    • 19Small Business Programs
    • 22Application of Labor Laws to Government Acquisitions
    • 23Environment, Energy and Water Efficiency, Renewable Energy Technologies, Occupational Safety, and Drug-Free Workplace
    • 24Protection of Privacy and Freedom of Information
    • 25Foreign Acquisition
    • 26Other Socioeconomic Programs
    • 27Patents, Data, and Copyrights
    • 28Bonds and Insurance
    • 29Taxes
    • 30Cost Accounting Standards Administration
    • 31Contract Cost Principles and Procedures
    • 32Contract Financing
    • 33Protests, Disputes, and Appeals
    • 34Major System Acquisition
    • 35Research and Development Contracting
    • 36Construction and Architect-Engineer Contracts
    • 37Service Contracting
    • 38Federal Supply Schedule Contracting
    • 39Acquisition of Information Technology
    • 40Reserved
    • 41Acquisition of Utility Services
    • 42Contract Administration and Audit Services
    • 43Contract Modifications
    • 44Subcontracting Policies and Procedures
    • 45Government Property
    • 46Quality Assurance
    • 47Transportation
    • 48Value Engineering
    • 49Termination of Contracts
    • 50Extraordinary Contractual Actions and the Safety Act
    • 51Use of Government Sources by Contractors
    • 52Solicitation Provisions and Contract Clauses
    • 53Forms
    Up to 14.408
    subsectionUpdated April 16, 2026

    FAR 14.408-6—Equal low bids.

    Plain-English Summary

    FAR 14.408-6 explains how a contracting officer must resolve equal low bids in sealed bidding when two or more bids are tied in all respects. It establishes a mandatory order of priority: first, small business concerns that are also labor surplus area concerns; second, other small business concerns; and third, other business concerns. If the tie still cannot be broken after applying those priorities, the contracting officer must use a drawing by lot limited to the remaining equally eligible bidders. The section also requires procedural safeguards for the drawing, including an opportunity for bidders to attend if time permits, at least three witnesses, and documentation in the contract file of the witnesses and the person supervising the drawing. Finally, when award is made using these tie-breaking priorities, the contracting officer must include a written agreement in the contract requiring the contractor to perform, or cause performance to be performed, in accordance with the circumstances that justified the priority used. In practice, this section ensures fairness, transparency, and a defensible record when sealed bids are identical and the government must choose among them.

    Key Rules

    Priority order controls

    When low bids are equal in all respects, award must follow the FAR’s priority sequence: first to a small business concern that is also a labor surplus area concern, then to another small business concern, and then to other business concerns. The contracting officer may not skip this order or use another method unless the regulation allows it.

    Use drawing by lot if needed

    If two or more bidders remain equally eligible after applying the priority rules, the award must be decided by a drawing by lot limited to those bidders. This is the required tie-breaker when the priority categories do not produce a single eligible awardee.

    Allow bidder attendance if possible

    If time permits, the bidders involved should be given an opportunity to attend the drawing. This helps support openness and confidence in the fairness of the process, but the regulation conditions attendance on available time.

    Require witnesses and recordkeeping

    The drawing must be witnessed by at least three persons, and the contract file must identify the names and addresses of the witnesses and the person supervising the drawing. This documentation is essential to show the award decision was made properly.

    Include written performance agreement

    When award is made using the priority rules in this section, the contracting officer must include a written agreement in the contract stating that the contractor will perform, or cause performance to be performed, in accordance with the circumstances that justified the priority used. This ties the award to the factual basis for the preference or priority.

    Responsibilities

    Contracting Officer

    Apply the priority order for equal low bids, determine whether any bidder qualifies under the labor surplus area and small business priorities, and use a drawing by lot if the tie remains. The contracting officer must also arrange the drawing, ensure the required witnesses and documentation are present, and include the required written agreement in the contract when the award is made under this section.

    Bidders

    If invited and time permits, bidders may attend the drawing by lot. Bidders that receive award under the priority rules must be prepared to perform in accordance with the circumstances supporting the priority used.

    Witnesses

    At least three persons must witness the drawing by lot and their names and addresses must be recorded in the contract file. Their role is to provide independent confirmation that the drawing was conducted properly.

    Supervising Official

    A person must supervise the drawing by lot, and that person’s name and address must be placed in the contract file. The supervisor ensures the drawing is conducted fairly and in accordance with the regulation.

    Agency/Contract File Custodian

    Maintain a complete record of the tie-breaking process, including the basis for the priority determination, the drawing details, and the identities of the witnesses and supervising official.

    Practical Implications

    1

    Equal low bids are not resolved by discretion; the contracting officer must follow the exact priority sequence and then use a drawing if necessary.

    2

    The labor surplus area and small business status of bidders can directly affect award outcome, so those statuses must be verified carefully before the tie is broken.

    3

    A drawing by lot is a formal procurement event, not an informal coin toss; poor documentation or too few witnesses can undermine the award record.

    4

    If time is tight, bidder attendance at the drawing may not be practical, but the file still must show the required witnesses and supervisor.

    5

    The written agreement requirement means the contract should reflect the factual basis for the priority used, so contracting officers should not treat the tie-break as a purely administrative step.

    Official Regulatory Text

    (a) Contracts shall be awarded in the following order of priority when two or more low bids are equal in all respects: (1) Small business concerns that are also labor surplus area concerns. (2) Other small business concerns. (3) Other business concerns. (b) If two or more bidders still remain equally eligible after application of paragraph (a) of this section, award shall be made by a drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by at least three persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing. (c) When an award is to be made by using the priorities under this 14.408-6 , the contracting officer shall include a written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.

    Back to 14.408FAR Navigator
    samsearch

    The Complete AI Platform for Government Contracting

    Platform
    • Product
    • Pricing
    • ROI calculator
    • Integrations
    • Changelog
    Solutions
    • Solutions
    • Customers
    • Comparisons
    • Market watch
    Resources
    • Blog
    • Free GovCon tools
    • Glossary
    • Docs
    Company
    • API & partnerships
    • Careers
    • Support
    • Compliance
    • Trust centre
    • Contact
    Recognised & verified
    SOC 2 Type II Compliant, SamSearchAWS Partner - Advanced, SamSearch on AWS MarketplaceGartner Peer Insights Customer First, SamSearch
    Ask AI about samsearch
    Ask ChatGPTAsk ClaudeAsk Perplexity
    Follow

    © 2026 samsearch. All rights reserved.

    Terms of usePrivacy policy