FAR 36.213-3—Invitations for bids.
Plain-English Summary
FAR 36.213-3 explains how invitations for bids (IFBs) for construction must be timed, prepared, and distributed. It covers the bid preparation period, the requirement to follow FAR part 14 and use the proper Standard Forms, and the specific information contracting officers should include when applicable in a construction IFB. Those topics include wage determinations under the Davis-Bacon Act, the Performance of Work by the Contractor clause, project magnitude, period of performance, site inspection and data review arrangements, government-furnished facilities, prebid conferences, special responsibility qualifications, special bid/award instructions, and reporting requirements. The section also addresses who should receive the IFB, including firms that responded to the presolicitation notice and other prospective bidders who request it. In practice, this section is meant to make construction bidding fair, informed, and administratively complete so bidders have enough time and information to prepare responsive bids and the government can avoid avoidable bid protests, misunderstandings, and procurement delays.
Key Rules
Allow adequate bid time
Construction IFBs must provide enough time between distribution and bid opening for bidders to prepare realistic bids. The contracting officer must consider the construction season, site inspection needs, subcontractor pricing, data review, and estimate preparation, while also observing the timing rules in FAR 5.203 and 14.202-1.
Use proper IFB format
Construction IFBs must be prepared under FAR subpart 14.2 and this section, using the forms prescribed in FAR part 53. This ensures the solicitation is structured consistently and includes the required clauses, instructions, and administrative information.
Include required construction information
When applicable, the IFB should include key project details such as wage determinations, the Performance of Work by the Contractor clause, project magnitude, period of performance, site access arrangements, government-furnished facilities, prebid conference details, special qualifications, bid/award instructions, and reporting requirements.
Handle wage determinations correctly
The IFB should include the applicable Department of Labor wage determination. If the wage determination is not yet available when the IFB must be issued, the solicitation must state that the wage schedule will be issued later by amendment before bid opening.
Provide site and data access
The IFB should tell bidders how to inspect the site and examine data related to the work. This helps bidders price the job accurately and reduces the risk of claims based on incomplete prebid information.
State responsibility-related qualifications clearly
If the agency will consider special qualifications or experience in determining bidder responsibility, those requirements should be identified in the IFB. This gives bidders notice of what will matter in the responsibility review and helps support a defensible award decision.
Distribute to interested bidders
The contracting officer must send the IFB to prospective bidders who requested it in response to the presolicitation notice and should send it to other prospective bidders upon specific request. This supports open competition and fair access to the solicitation.
Responsibilities
Contracting Officer
Ensure the bid period is long enough for construction bidders to prepare bids; prepare the IFB in accordance with FAR subpart 14.2 and part 53 forms; include applicable wage determinations and other required project information; arrange and describe site inspection and data access; identify any special qualifications, instructions, or reporting requirements; and distribute the IFB to interested prospective bidders.
Agency
Support the contracting officer by providing accurate project requirements, wage determination timing, site access information, performance period needs, and any special qualification or reporting requirements that must be reflected in the solicitation.
Prospective Bidders
Review the IFB promptly, request the solicitation if interested, inspect the site and examine available data, and use the information provided to prepare timely and responsive bids.
Department of Labor
Provide the applicable wage determination for construction contracts subject to labor standards requirements, which the contracting officer must incorporate into the IFB when available.
Practical Implications
Construction bidding is highly time-sensitive, so short bid periods can create pricing errors, missed subcontract quotes, and protest risk.
If the wage determination is missing or handled incorrectly, the solicitation may need amendment and bid opening may be delayed.
Poorly described site access, utilities, or government-furnished facilities can lead to inaccurate bids and later disputes over scope or cost assumptions.
Special qualifications should be stated carefully; if they are relevant to responsibility, the solicitation should make that clear to avoid challenges to the award decision.
Contracting officers should treat distribution and amendment control seriously so all interested bidders receive the same information before bid opening.
Official Regulatory Text
(a) Invitations for bids for construction shall allow sufficient time for bid preparation ( i.e., the period of time between the date invitations are distributed and the date set for opening of bids) (but see 5.203 and 14.202-1 ) to allow bidders an adequate opportunity to prepare and submit their bids, giving due regard to the construction season and the time necessary for bidders to inspect the site, obtain subcontract bids, examine data concerning the work, and prepare estimates based on plans and specifications. (b) invitations for bids shall be prepared in accordance with subpart 14.2 and this section using the forms prescribed in part 53 . (c) Contracting officers should assure that each invitation for bids includes the following information, when applicable. The appropriate wage determination of the Secretary of Labor (see subpart 22.4 ), or, if the invitation for bids must be issued before the wage determination is received, a notice that the schedule of minimum wage rates to be paid under the contract will be issued as an amendment to the invitation for bids before the opening date for bids (see 14.208 and subpart 22.4 ). (1) The Performance of Work by the Contractor clause (see 36.501 and 52.236-1 ). (2) The magnitude of the proposed construction project (see 36.204 ). (3) The period of performance (see subpart 11.4 ). (4) Arrangements made for bidders to inspect the site and examine the data concerning performance of the work (see 36.210 ). (5) Information concerning any facilities, such as utilities, office space, and warehouse space, to be furnished during construction. (6) Information concerning the prebid conference (see 14.207 ). (7) Any special qualifications or experience requirements that will be considered in determining the responsibility of bidders (see subpart 9.1 ). (8) Any special instructions concerning bids, alternate bids, and award. (9) Any instructions concerning reporting requirements. (d) The contracting officer shall send invitations for bids to prospective bidders who requested them in response to the presolicitation notice, and should send them to other prospective bidders upon their specific request (see 5.102 (a)).