FAR 14.409-1—Award of unclassified contracts.
Plain-English Summary
FAR 14.409-1 explains what the contracting officer must do after award of an unclassified sealed bid contract and how bid-result information may be disclosed. It covers the required notice to unsuccessful bidders, the timing of that notice, the courtesy language that must be included, and the special requirement to explain why a low bidder was rejected when award goes to someone else. It also adds extra disclosure rules for procurements covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement, including the successful bid amount and the awardee’s name and address. Beyond bidder notices, the section addresses what information may be given to unsuccessful bidders on request, what may be provided to non-bidders who ask about the award, when the contracting office may limit disclosure because of workload, and how requests for records are controlled by agency FOIA/records regulations under subpart 24.2. In practice, this section is about balancing transparency in sealed bidding with administrative efficiency and any applicable trade agreement obligations, while protecting the contracting office from unnecessary disruption.
Key Rules
Notify unsuccessful bidders promptly
The contracting officer must notify each unsuccessful bidder in writing or electronically within three days after contract award. For this purpose, "day" means a calendar day, except that the period runs until the next business day if the deadline falls on a Saturday, Sunday, or legal holiday.
Include courtesy language
Each notice to an unsuccessful bidder must extend appreciation for the bidder’s interest in submitting a bid. This is a required part of the notice, not just a courtesy option.
Explain rejection of low bidders
When award is made to other than the low bidder, the contracting officer must state the reason for rejection in the notice sent to each unsuccessful low bidder. This gives the bidder a basic explanation for why it did not receive award.
Add trade agreement award details
For acquisitions covered by the WTO Government Procurement Agreement or a Free Trade Agreement, notices to unsuccessful bidders from those countries must include the dollar amount of the successful bid and the name and address of the successful bidder.
Provide award information on request
The information required by paragraph (a)(2) must be given to any unsuccessful bidder upon request, unless multiple awards were made and providing the information would require so much work that it would interfere with normal contracting office operations. In that case, the office only needs to tell the requester where the abstract of offers may be found.
Respond to non-bidder inquiries
If someone who is neither a bidder nor a bidder’s representative asks about an unclassified invitation, the contracting officer should make every effort to provide the names of successful bidders and, if requested, the award prices. If the request would disrupt normal operations, the inquirer may instead be directed to the abstract of offers.
Follow records-disclosure rules
Any request for records must be handled under agency regulations implementing subpart 24.2. This means disclosure of records is not governed only by this section, but also by the agency’s records and information-release procedures.
Responsibilities
Contracting Officer
Send timely written or electronic notices to unsuccessful bidders, include the required appreciation language, explain rejection reasons for unsuccessful low bidders when award goes to a higher bidder, and provide trade-agreement award details when required. The contracting officer must also respond to requests from unsuccessful bidders and non-bidders, while managing workload and directing requesters to the abstract of offers when full disclosure would interfere with office operations.
Unsuccessful Bidder
May request the additional award information described in paragraph (a)(2), and is entitled to receive that information unless the multiple-award/workload exception applies. The bidder also receives the required notice that its bid was not accepted.
Non-bidder Inquirer
May ask for the names of successful bidders and, if requested, the award prices for an unclassified invitation, but receives that information only to the extent the contracting officer can provide it without disrupting normal operations; otherwise the inquirer is directed to the abstract of offers.
Agency
Apply any restrictions in subpart 9.4 when making disclosures, and process records requests under agency regulations implementing subpart 24.2. Agencies must ensure their internal disclosure and records procedures align with these requirements.
Practical Implications
Contracting officers need a reliable post-award notice process so unsuccessful bidders are notified within three calendar days, including weekends and holidays rules.
If award is not made to the low bidder, the file should clearly support the rejection reason before notices go out; vague explanations can create confusion or protest risk.
For WTO GPA and Free Trade Agreement procurements, the notice content is more specific, so offices should confirm whether the acquisition is covered and whether the unsuccessful bidder is from a covered country.
The workload exceptions are narrow and practical, not a blanket excuse to withhold information; if full disclosure is too burdensome, the office should point requesters to the abstract of offers.
Requests for records may trigger separate agency FOIA/records procedures, so staff should not treat this section as the only disclosure authority or limitation.
Official Regulatory Text
(a) (1) The contracting officer shall as a minimum (subject to any restrictions in subpart 9.4 )- (i) Notify each unsuccessful bidder in writing or electronically within threedays after contract award, that its bid was not accepted. "Day," for purposes of the notification process, means calendar day, except that the period will run until a day which is not a Saturday, Sunday, or legal holiday; (ii) Extend appreciation for the interest the unsuccessful bidder has shown in submitting a bid; and (iii) When award is made to other than a low bidder, state the reason for rejection in the notice to each of the unsuccessful low bidders. (2) For acquisitions covered by the World Trade Organization Government Procurement Agreement or a Free Trade Agreement (see 25.408 (a)(5)), agencies must include in notices given unsuccessful bidders from World Trade Organization Government Procurement Agreement or Free Trade Agreement countries- (i) The dollar amount of the successful bid; and (ii) The name and address of the successful bidder. (b) Information included in paragraph (a)(2) of this subsection shall be provided to any unsuccessful bidder upon request except when multiple awards have been made and furnishing information on the successful bids would require so much work as to interfere with normal operations of the contracting office. In such circumstances, only information concerning location of the abstract of offers need be given. (c) When a request is received concerning an unclassified invitation from an inquirer who is neither a bidder nor a representative of a bidder, the contracting officer should make every effort to furnish the names of successful bidders and, if requested, the prices at which awards were made. However, when such requests require so much work as to interfere with the normal operations of the contracting office, the inquirer will be advised where a copy of the abstract of offers may be seen. (d) Requests for records shall be governed by agency regulations implementing subpart 24.2 .