**PART 1814**

# SEALED BIDDING

TABLE OF CONTENTS

**SUBPART [1814.2](#subpart-1814.2--solicitation-of-bids) SOLICITATION
OF BIDS**

1814.201 Preparation of invitations for bids.

1814.201-5 Part IV\--Representations and instructions.

1814.201-6 Solicitation provisions.

1814.201-670 NASA solicitation provisions.

**SUBPART [1814.3](#subpart-1814.3--submission-of-bids) SUBMISSION OF
BIDS**

1814.302 Bid submission.

**SUBPART [1814.4](#OLE_LINK4) OPENING OF BIDS AND AWARD OF CONTRACT**

1814.404 Rejection of bids.

1814.404-1 Cancellation of invitations after opening.

1814.407 Mistakes in bids.

1814.407-3 Other mistakes disclosed before award.

1814.407-4 Mistakes after award.

1814.408 Award.

1814.408-170 General.

**PART 1814**

# SEALED BIDDING

## Subpart 1814.2\--Solicitation of Bids

**1814.201** **Preparation** **of** **invitations** **for** **bids.**

**1814.201-5 Part IV \-- Representations** **and** **instructions.**

\(c\) *Section M, Evaluation factors for award.*

**(i)** The contracting officer shall state if award is to be made in
the aggre­gate (all-or-none basis) or by specified groups of items.

**(ii)** If bidders are required to have spe­cial technical
qualifications because of the complexity of the equipment being
pur­chased or for some other reason, the con­tracting officer shall state
those qualifica­tions.

**1814.201-6** **Solicitation** **provisions.**

**1814.201-670 NASA solicitation provisions.**

\(a\) The contracting officer shall insert the provi­sion at
[**1852.214-70**](http://www.hq.nasa.gov/office/procurement/regs/5211-14.htm),
Caution to Offerors Furnishing Descriptive Literature, in invitations
for bids. See [**FAR
52.214-21**](http://www.arnet.gov/far/current/html/52_214.html#1046634),
Descriptive Literature.

\(b\) The contracting officer shall insert the provi­sion at 1852.214-71,
Grouping for Aggregate Award, in invitations for bids, except for
construc­tion, when it is in the Govern­ment\'s best interest not to make
award for less than specified quantities solicited for certain items or
groupings of certain items. Insert the item numbers and/or descriptions
applica­ble for the particular procure­ment.

\(c\) The contracting officer shall insert the provi­sion at 1852.214-72,
Full Quanti­ties, in invita­tions for bids, except for construction, when
it is in the Govern­ment\'s best interest not to make award for less than
the full quantities solicited.

\(d\) If a pre-bid conference is planned, the contract­ing officer shall
insert the provision at 1852.215-77, Preproposal/Pre-bid Conference. See
[**1815.209-70(a)**](http://www.hq.nasa.gov/office/procurement/regs/1815.htm#1815.209).

## Subpart 1814.3\--Submission of Bids

**1814.302 Bid submission.**

\(b\) NASA contracting officers shall not consider telegraph­ic bids
commu­nicat­ed by tele­phone.

**Subpart** []{#OLE_LINK4 .anchor}**1814.4\--Opening of Bids and Award
of Contract**

**1814.404** **Rejection** **of** **bids.**

**1814.404-1** **Cancellation** **of** **invitations** **after**
**opening.**

\(c\) The authority to make the determi­na­tion at [**FAR
14.404-1(c)**](http://www.arnet.gov/far/current/html/Subpart_14_4.html#1046503)
is delegated to the contracting officer, except as provided in paragraph
(e)(1) of this subsection.

(e)(1) A determination that includes an autho­ri­zation to complete the
acquisition through negotia­tion shall be m­ade by the procurement
officer, in consulta­tion with the chief counsel.

**1814.407 Mistakes** **in** **bids.**

**1814.407-3 Other** **mistakes** **disclosed** **be­fore** **award.**

\(e\) Procurement officers are authorized to make the determinations
under [**FAR
14.407-3(a),**](http://www.arnet.gov/far/current/html/Subpart_14_4.html#1046577)
(b), (c) and (d).

**1814.407-4 Mistakes** **after** **award.**

\(d\) Determinations shall be made by the procure­ment officer.

**1814.408 Award.**

**1814.408-170 General.**

\(a\) A notice of award as a specific document is used when the
contracting officer needs to inform a responsible bidder that its offer
was determined to be the most advantageous to the Government
(con­sidering only price and price-related factors) and that the formal
award will be made upon satisfaction of specified pre-performance
conditions.

\(b\) The notice of award is not a contractual instru­ment. It does not
authorize the successful bidder to perform and, in itself, does not
obligate the Govern­ment to award a contractual document. Its limited
purpose is to provide: evidence of the Governme­nt\'s selection of the
successful bidder; instruction to that bidder to satisfy specified
pre-performance conditions; and a statement that the Government intends
to award the contract to the successful bidder upon satisfaction of
these conditions if a contract is awarded as a result of the invitation
for bids.

\(c\) Use of a notice of award is optional. The contracting officer may
issue the award document itself without first issuing a notice of award.
How­ever, there are instances when a notice of award should be
considered, for example, in construction contracts where performance or
payment bonds are required. In such cases, the most cost effective
technique is to require only the successful bidder to provide the
necessary bonds. The notice of award advises the successful bidder to
provide the bonds, and it also serves as formal evidence from the
Government of the impending award if such evi­dence is required to secure
the bonds.

\(d\) The notice of award shall not be issued unless bids have been
evaluated and a selection made, and a definitive contract document is
ready for execution upon satisfaction of the conditions specified in the
notice. Upon satisfaction of these conditions, the approved and executed
contract instrument shall be provided to the successful bidder.

\(e\) Since the notice of award is not a contractual document
authorizing performance, the period of performance of the resultant
contract shall not be based on the date of issuance or receipt of the
notice of award. The period of performance specified in the contract
shall be based on some other reference point, such as the date the
contract is provided to the successful bidder, a mutually agreeable
effective date or a later authorization to proceed date.

\(f\) The notice of award can be issued by any formal written means such
as a letter, telegram or electronic means. The notice should be
substantially the same as the following format.

# Format

Subject: Notice of Award\--Invitation for Bids (IFB)( [1]{.underline} ).
This notice is to advise you that your bid ( [2]{.underline} ) in
response to the subject IFB has been determined to be the most
advantageous to the Government (considering only price and price-related
factors). It is the Government\'s intention to award you a contract in
the amount of ( [3]{.underline} ) for this effort pending satisfaction
of the following pre-performance conditions:

( [4]{.underline} )

Evidence ( [5]{.underline} ) of satisfaction of these conditions must be
provided to the contracting officer by ( [6]{.underline} ). In the event
these conditions are not satisfied by this date, the Government reserves
the right to award the contract to the bidder who submitted the next
most advantageous bid.

Please note that this notice of award is not a contractual document. It
does not obligate the Government to award you, or any other bidder, a
contract relative to the subject IFB, and it does not authorize you to
proceed with contract performance or incur costs pursuant to such
performance. Any costs incurred for contract performance prior to your
receipt of a fully executed contract document are at your own risk and
are not recoverable under any Government contract should the Government
fail, for whatever reason, to award you a contract in response to the
subject IFB.

If a contract is awarded after evidence of satis­faction of the
pre-performance conditions listed above is provided to the contracting
officer by the specified due date, the date of commencement of work will
be provided with the formal award. This date will be based on (
[7]{.underline} ).

*Notes* \-- The contracting officer shall insert, where shown, the
following information:

\(1\) Identification of the IFB by number and title.

\(2\) Identification of the contractor\'s bid.

\(3\) The award price.

\(4\) The preperformance conditions (e.g., any required payment and
performance bonds).

\(5\) The evidence required to satisfy the pre-performance conditions
(e.g., the actual payment and perfor­mance bonds).

\(6\) The date by which the evidence must be provided to the contracting
officer.

\(7\) Identification of the date for commencement of performance. The
period of performance of the contract shall not be based on the date of
issuance or receipt of the notice of award. It shall be based on the
date the contract is provided to the successful bidder, a mutually
agreeable effective date, or a later authorization to proceed date.