FAR 14.409-2—Award of classified contracts.
Plain-English Summary
FAR 14.409-2 addresses how contracting officers must handle the award of a sealed bid contract when classified information was furnished or created during the solicitation process. It builds on FAR 14.409-1 and focuses on three specific topics: notifying unsuccessful bidders, including firms that did not submit a bid, about disposition of classified material; limiting disclosure of the successful bidder’s name and contract price to requests from unsuccessful bidders; and prohibiting disclosure of classified award information by telephone. The purpose is to protect national security information while still giving bidders the minimum award information they are entitled to receive. In practice, this section requires contracting officers to coordinate closely with agency security procedures, control post-award communications carefully, and avoid informal or oral disclosures that could compromise classified information. For contractors, it means they must be prepared to follow agency instructions for returning, destroying, or otherwise disposing of classified solicitation materials even if they chose not to bid. The rule also reinforces that award transparency is narrower in classified procurements than in ordinary procurements, because security protection takes priority over routine bid-result disclosure.
Key Rules
Follow agency disposition procedures
If classified information was furnished or created in connection with the solicitation, unsuccessful bidders and nonbidders must be told to take disposition action in accordance with agency procedures. This means classified material cannot simply be retained or handled as ordinary procurement records.
Notify all nonselected parties
The contracting officer must advise unsuccessful bidders, including those who did not submit a bid, about the required disposition action. The obligation is not limited to firms that actually bid.
Limit award disclosure
The name of the successful bidder and the contract price may be furnished to unsuccessful bidders only upon request. The contracting officer does not have to volunteer this information in every case.
No telephone disclosure
Information regarding a classified award must not be furnished by telephone. Any communication about the award must be handled through secure, authorized channels consistent with classification and agency security requirements.
Applies in addition to general award rules
This section supplements FAR 14.409-1 rather than replacing it. Contracting officers must comply with both the general award-notification requirements and the extra safeguards that apply when classified information is involved.
Responsibilities
Contracting Officer
Advise unsuccessful bidders, including nonbidders, to dispose of classified solicitation information according to agency procedures; provide the successful bidder’s name and contract price only if requested by an unsuccessful bidder; and ensure no classified award information is disclosed by telephone.
Unsuccessful Bidders
Follow the agency’s required disposition procedures for any classified information received or created in connection with the solicitation, and request award information only through appropriate channels if desired.
Nonbidders who received classified information
Take the same disposition action required by agency procedures, even though they did not submit a bid.
Agency Security Personnel / Agency
Establish and administer the disposition procedures for classified solicitation materials and support secure handling of award-related information.
Practical Implications
Contracting officers need a secure post-award communication plan for classified procurements; ordinary award notices or phone calls are not acceptable.
The rule prevents accidental retention of classified solicitation materials by firms that never bid, so the notice must reach all recipients of the information.
If an unsuccessful bidder asks who won and at what price, the contracting officer may provide that information, but only through proper non-telephone channels and only to the extent permitted.
A common pitfall is treating classified award information like routine sealed-bid award data; security restrictions override normal convenience or informal communication practices.
Contractors should expect agency-specific instructions for returning, destroying, or otherwise disposing of classified documents and should not assume standard procurement recordkeeping rules apply.
Official Regulatory Text
In addition to 14.409-1 , if classified information was furnished or created in connection with the solicitation, the contracting officer shall advise the unsuccessful bidders, including any who did not bid, to take disposition action in accordance with agency procedures. The name of the successful bidder and the contract price will be furnished to unsuccessful bidders only upon request. Information regarding a classified award shall not be furnished by telephone.