FAR 3.302—Definitions.
Plain-English Summary
FAR 3.302 is a definitions provision for this subpart, and it does one specific job: it defines the term "identical bids." In this context, identical bids are bids for the same line item that are the same either in unit price or in total line item amount, even when evaluation factors are applied, such as discounts or transportation costs. The purpose of the definition is to establish a clear standard for identifying when bids are considered identical for purposes of the subpart’s rules. In practice, this matters because identical bids can trigger special handling, such as tie-breaking or other procedures elsewhere in the FAR. This section does not itself create the full process for resolving identical bids; it simply supplies the meaning of the term so contracting personnel and bidders can apply the subpart consistently.
Key Rules
Identical bids definition
Bids are identical when they are for the same line item and match either in unit price or in total line item amount. The definition focuses on equality at the line-item level, not on overall bid totals across the entire procurement.
Evaluation factors included
A bid can still be identical even if evaluation factors are applied, such as discounts or transportation costs. The key question is whether the bids remain the same after those factors are considered.
Same line item required
The comparison must be made for the same line item. Bids for different items are not "identical bids" under this definition, even if the prices happen to be the same.
Applies within this subpart
This definition is limited to the subpart in which it appears. It is intended to support the rules and procedures elsewhere in that subpart that depend on identifying identical bids.
Responsibilities
Contracting Officer
Determine whether bids are identical by comparing the same line item and applying any relevant evaluation factors. Use this definition consistently when administering the subpart’s procedures that depend on identifying identical bids.
Bidders/Contractors
Submit bid pricing in a way that can be evaluated against the solicitation terms, understanding that bids may be treated as identical even after discounts or transportation costs are considered.
Agency
Apply the definition uniformly in procurement actions governed by this subpart and ensure solicitation and evaluation practices align with the FAR’s treatment of identical bids.
Practical Implications
This definition is important when a procurement produces a tie at the line-item level, because it tells the contracting officer when the special identical-bid rules may apply.
A common pitfall is looking only at the base unit price and ignoring evaluation factors like discounts or transportation costs; those factors can affect whether bids are truly identical under the FAR.
Another mistake is comparing whole bids instead of the same line item, which can lead to an incorrect conclusion about whether bids are identical.
Contractors should understand that small pricing choices or transportation terms may affect tie situations, but if the evaluated result is still the same, the bids may be treated as identical.
Because this section is only a definition, users must look to the rest of the subpart for the actual procedures that follow when identical bids are found.
Official Regulatory Text
As used in this subpart- Identical bids means bids for the same line item that are determined to be identical as to unit price or total line item amount, with or without the application of evaluation factors ( e.g., discount or transportation cost).