FAR 14.408-7—Documentation of award.
Plain-English Summary
FAR 14.408-7 explains what the contracting officer must put in the contract file to support an award made under sealed bidding. It covers three related documentation topics: compliance with FAR 14.103-2, the basis for concluding that the accepted bid was the proper low bid, and the explanation for any award made after receiving equal low bids. In practice, this section is about creating a clear audit trail that shows the award decision was made correctly, fairly, and in accordance with sealed bidding rules. The documentation must be detailed enough to justify why lower bids were not accepted, or to show that the accepted bid was in fact the lowest bid received. When bids are tied, the file must also explain exactly how the tie was broken. This protects the integrity of the procurement, supports post-award review or protest defense, and helps ensure the award can be understood by auditors, reviewers, and other stakeholders.
Key Rules
Document compliance in file
The contracting officer must document compliance with FAR 14.103-2 in the contract file. This means the file must show that the award process followed the required sealed bidding procedures and any applicable bid evaluation rules.
Show why award was proper
The documentation must either state that the accepted bid was the lowest bid received or list all lower bids and explain why each was rejected. The explanation must be detailed enough to justify the award decision.
Explain rejection of lower bids
If any bid lower than the accepted bid was not awarded, the file must identify those bids and provide the reasons for rejection. The reasons must be specific enough to demonstrate that the award was still proper under the solicitation and applicable law.
Document tie-breaking method
When equal low bids are received and an award is made to one bidder, the file must describe how the tie was broken. The record should clearly show the method used so the award decision is transparent and defensible.
Responsibilities
Contracting Officer
Prepare and maintain the award documentation in the contract file, including the compliance record, the basis for selecting the accepted bid, explanations for rejecting any lower bids, and the method used to break ties among equal low bids.
Agency/Contract File Custodian
Ensure the contract file retains the award documentation and supporting records so the award decision can be reviewed, audited, or defended if challenged.
Bidders/Offerors
No direct documentation duty under this section, but bidders may be affected by the recorded basis for award and any tie-breaking method if they later seek debriefing, review, or protest.
Practical Implications
This section is a file-documentation requirement, not just a paperwork formality; if the record is thin, the award can be harder to defend in a protest or audit.
Contracting officers should be specific when rejecting lower bids—vague statements like "nonresponsive" without supporting detail may not be enough to justify the award.
If there are equal low bids, the tie-break method must be recorded exactly as used; failing to document it can create questions about fairness and compliance.
The file should be complete at the time of award or immediately after, because missing documentation is a common weakness in sealed bidding files.
Good documentation helps show that the award was made to the proper bidder and that the government followed the sealed bidding rules consistently and transparently.
Official Regulatory Text
(a) The contracting officer shall document compliance with 14.103-2 in the contract file. (b) The documentation shall either state that the accepted bid was the lowest bid received, or list all lower bids with reasons for their rejection in sufficient detail to justify the award. (c) When an award is made after receipt of equal low bids, the documentation shall describe how the tie was broken.