FAR 36.213-4—Notice of award.
Plain-English Summary
FAR 36.213-4 explains what a contracting officer must include when issuing a notice of award for construction or other sealed bidding actions covered by this section. It requires the notice to be issued in writing or electronically and to include the information required by FAR 14.408, which governs award notices in sealed bidding. The notice must also identify the invitation for bids, identify the contractor’s bid, state the award price, tell the contractor to promptly execute and return any required payment and performance bonds, and specify when work will start or state that a notice to proceed will be issued. In practice, this section ensures the award is clear, documentable, and legally effective, while also putting the contractor on notice of immediate post-award obligations. It matters because the notice of award is often the formal trigger for bond processing, mobilization planning, and the start of contract performance. Clear compliance with this section helps avoid disputes over award terms, start dates, and whether the contractor was properly informed of bonding requirements.
Key Rules
Written or electronic notice
The notice of award must be issued in writing or electronically. Oral notice alone is not enough under this section.
Include FAR 14.408 information
The notice must contain the information required by FAR 14.408, which means the contracting officer must also satisfy the sealed bidding award notice requirements referenced there.
Identify the IFB and bid
The notice must identify the invitation for bids and the contractor’s bid so the award can be tied to the exact solicitation and offer accepted.
State the award price
The notice must clearly state the contract award price. This confirms the amount the Government has accepted and reduces ambiguity about the awarded value.
Address required bonds
If payment and performance bonds are required, the notice must advise the contractor to promptly execute and return them to the contracting officer. This makes bond submission an immediate post-award obligation.
Set the work start trigger
The notice must specify the date work is to begin, or state that a notice to proceed will be issued. This clarifies when performance may start and prevents premature mobilization or delay disputes.
Responsibilities
Contracting Officer
Issue the notice of award in writing or electronically and ensure it includes all information required by FAR 14.408. The contracting officer must identify the solicitation and bid, state the award price, notify the contractor about any required bonds, and specify the start date or the issuance of a notice to proceed.
Contractor
Review the notice of award promptly, confirm the award details, and execute and return any required payment and performance bonds without delay. The contractor must also use the stated commencement date or notice-to-proceed process to plan mobilization and performance.
Agency
Support proper award administration by ensuring award notices are issued in the required form and that internal procedures align with sealed bidding and construction award requirements. The agency must also maintain records that show the award notice was properly issued.
Practical Implications
This section is a checklist item for award administration: if any required element is missing, the notice may be incomplete or create confusion about the award terms.
Bond timing is critical. Contractors should be ready to submit payment and performance bonds immediately after award, and contracting officers should not assume the contractor understands the deadline unless the notice says so.
The start date matters operationally and legally. If the notice says work begins on a certain date, the contractor should not start earlier unless authorized; if a notice to proceed will be issued, performance should wait for that separate authorization.
Because the notice must tie the award to the specific IFB and bid, it helps prevent disputes over mistaken award references, incorrect pricing, or ambiguity about what was accepted.
A common pitfall is treating the notice of award as a simple formality. In practice, it is a key document that can affect bonding, mobilization, schedule, and the enforceability of the award record.
Official Regulatory Text
When a notice of award is issued, it shall be done in writing or electronically, shall contain information required by 14.408 , and shall- (a) Identify the invitation for bids; (b) Identify the contractor’s bid; (c) State the award price; (d) Advise the contractor that any required payment and performance bonds must be promptly executed and returned to the contracting officer; (e) Specify the date of commencement of work, or advise that a notice to proceed will be issued.