FAR 52.214-31—Facsimile Bids.
Plain-English Summary
FAR 52.214-31, Facsimile Bids, tells offerors and contracting officers how faxed bids are handled in sealed bidding when the solicitation allows them. It defines what counts as a facsimile bid, confirms that bidders may submit bids, bid modifications, or bid withdrawals by fax, and requires those transmissions to arrive at the exact place and time stated in the solicitation. The provision also warns that faxed bids can be rejected if they omit required representations or information, fail to accept the solicitation’s terms, or lack the required signatures. It gives the Government the right to make award based solely on the faxed bid, while also allowing the contracting officer to require the apparently successful bidder to promptly provide the original signed bid. Finally, it identifies the receiving fax number and equipment compatibility characteristics and shifts transmission-risk issues to the bidder, including garbling, incompleteness, equipment problems, delays, misidentification, illegibility, and security of bid data. In practice, this provision exists to make fax submissions workable while preserving the Government’s ability to enforce sealed-bid rules, protect the integrity of the competition, and avoid disputes over late, incomplete, or unreadable submissions.
Key Rules
Facsimile bid defined
A facsimile bid includes a bid, a modification to a bid, or a withdrawal of a bid transmitted to and received by the Government through electronic equipment that reproduces printed and handwritten material. This definition matters because it sets the scope of what the provision covers.
Fax bids are permitted
If the solicitation includes this provision, bidders may submit facsimile bids as responses. The bid must be received at the exact place and by the exact time stated in the solicitation, so timely receipt is still mandatory.
Missing information can disqualify
A facsimile bid that fails to provide required representations or information, or that takes exception to solicitation terms, conditions, or provisions, may be excluded from consideration. The Government is not required to cure those defects.
Signatures are required
Facsimile bids must contain the required signatures. A faxed submission is not exempt from signature requirements, so bidders must ensure the bid is properly executed before transmission.
Award may rely on fax alone
The Government may make award solely on the facsimile bid. If the contracting officer requests it, the apparently successful bidder must promptly submit the complete original signed bid.
Fax equipment details must be stated
The solicitation must identify the receiving fax number and the compatibility characteristics of the Government’s receiving equipment, such as make, model, speed, and communications protocol. This helps bidders transmit successfully.
Bidder bears transmission risk
If the bidder chooses to use fax, the Government is not responsible for transmission or receipt failures, including garbled or incomplete bids, equipment availability or condition, incompatibility, delay, failure to identify the bid properly, illegibility, or security of bid data.
Responsibilities
Contracting Officer
Include the provision when facsimile bids are allowed; provide the correct receiving fax number and equipment compatibility information; evaluate faxed bids for timeliness, signatures, and responsiveness; and, if needed, request the apparently successful bidder to submit the original signed bid promptly.
Bidder/Contractor
Prepare a complete, signed facsimile bid; ensure it arrives at the correct place by the solicitation deadline; include all required representations and information; avoid taking exceptions to solicitation terms unless permitted; and bear the risk of transmission, legibility, identification, and security problems.
Government/Agency
Maintain receiving fax equipment capable of accepting bids as described in the solicitation and preserve the integrity of the sealed bidding process by treating faxed bids consistently with the stated rules.
Practical Implications
Faxed bids are acceptable only when the solicitation expressly allows them, so contractors should never assume fax submission is permitted.
Timeliness is based on receipt, not sending time, which makes last-minute fax submissions risky.
A faxed bid can be rejected for missing signatures, missing required representations, or nonresponsive terms, even if it arrived on time.
The bidder, not the Government, bears the risk of garbled pages, failed transmission, incompatible equipment, and unreadable copies.
Contracting officers should verify the solicitation’s fax number and equipment details carefully, because errors there can create avoidable disputes and missed bids.
Official Regulatory Text
As prescribed in 14.201-6 (v) , insert the following provision: Facsimile Bids (Dec 1989) (a) Definition . "Facsimile bid," as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material. (b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation. (c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration. (d) Facsimile bids must contain the required signatures. (e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid. (f) Facsimile receiving data and compatibility characteristics are as follows: (1) Telephone number of receiving facsimile equipment: _____________________ (2) Compatibility characteristics of receiving facsimile equipment ( e.g., make and model number, receiving speed, communications protocol): _____________________ (g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following: (1) Receipt of garbled or incomplete bid. (2) Availability or condition of the receiving facsimile equipment. (3) Incompatibility between the sending and receiving equipment. (4) Delay in transmission or receipt of bid. (5) Failure of the bidder to properly identify the bid. (6) Illegibility of bid. (7) Security of bid data. (End of provision)