FAR 52.214-5—Submission of Bids.
Plain-English Summary
FAR 52.214-5, Submission of Bids, tells bidders how sealed bidding submissions must be packaged, addressed, and delivered so the government can receive and identify them properly before bid opening. It covers the basic rule that bids and bid modifications must be submitted in sealed envelopes or packages unless the solicitation allows electronic submission, the required markings on the outer package, special handling for commercial carrier deliveries, and the limited circumstances under which facsimile or electronic commerce submissions may be accepted. The provision exists to protect the integrity of sealed bidding by preventing premature disclosure, ensuring bids are routed to the correct office, and making it possible for the contracting activity to determine whether a bid was timely and properly submitted. In practice, this section is critical because a bid that is misaddressed, improperly marked, sent by an unauthorized method, or delivered in a way that does not comply with the solicitation can be rejected or found nonresponsive. For contractors, it is a strict compliance requirement with little room for correction after the deadline; for contracting officers, it is a tool for enforcing fair, orderly, and auditable bid receipt procedures.
Key Rules
Sealed submission required
Bids and bid modifications must be submitted in sealed envelopes or packages unless the solicitation permits electronic submission. This rule preserves bid confidentiality until the scheduled opening.
Required outer markings
The bid package must be addressed to the office named in the solicitation and show the receipt date and time, solicitation number, and bidder name and address. These markings help the government route and identify the bid correctly.
Commercial carrier deliveries
When using a commercial carrier, the bidder must ensure the outermost envelope or wrapper bears the required address and markings. The bidder remains responsible even if the carrier handles the physical delivery.
Facsimile only if authorized
Faxed bids, modifications, or withdrawals are not considered unless the solicitation specifically authorizes them. If fax is not allowed, the submission is ineffective even if received on time.
Electronic commerce only if permitted
Electronic bids are considered only when the solicitation specifically stipulates or permits the electronic commerce method. A bidder cannot assume that email or another electronic method is acceptable unless the solicitation says so.
Timeliness and compliance matter
The provision works with sealed bidding rules to ensure bids are received in the proper form before opening. Failure to follow the prescribed method can jeopardize acceptance regardless of price or intent.
Responsibilities
Contractor / Bidder
Prepare bids and bid modifications in sealed packaging unless electronic submission is authorized; mark the package exactly as required; use only the submission methods allowed by the solicitation; and ensure commercial carrier deliveries are properly addressed and labeled on the outermost package.
Contracting Officer
State the correct office for receipt in the solicitation; specify whether facsimile or electronic commerce submissions are allowed; and evaluate bid receipt based on the solicitation’s prescribed submission rules.
Agency / Receiving Office
Receive bids at the designated office and maintain procedures that preserve bid security, identify the solicitation, and document the time and date of receipt.
Commercial Carrier Service
Deliver the bid package as addressed by the bidder; while the carrier is not responsible for FAR compliance, its handling affects whether the bid reaches the correct office on time.
Practical Implications
This provision is unforgiving: a bid can be rejected for using the wrong delivery method or for missing required markings, even if the price is favorable.
Contractors should verify the solicitation’s instructions before sending anything, especially whether fax, email, or another electronic method is actually allowed.
Using a commercial carrier does not shift responsibility away from the bidder; the bidder must still ensure the outer package is properly addressed and marked.
Contracting officers should make the solicitation instructions clear and consistent, because ambiguity about the permitted submission method can create disputes over bid acceptance.
A common pitfall is assuming that a bid modification or withdrawal can be sent by the same method as the original bid; under this provision, that method must also be authorized by the solicitation.
Official Regulatory Text
As prescribed in 14.201-6 (c)(1) , insert the following provision: Submission of Bids (Dec 2016) (a) Bids and bid modifications shall be submitted in sealed envelopes or packages (unless submitted by electronic means)- (1) Addressed to the office specified in the solicitation; and (2) Showing the time and date specified for receipt, the solicitation number, and the name and address of the bidder. (b) Bidders using commercial carrier services shall ensure that the bid is addressed and marked on the outermost envelope or wrapper as prescribed in paragraphs (a)(1) and (2) of this provision when delivered to the office specified in the solicitation. (c) Facsimile bids, modifications, or withdrawals, will not be considered unless authorized by the solicitation. (d) Bids submitted by electronic commerce shall be considered only if the electronic commerce method was specifically stipulated or permitted by the solicitation. (End of provision)