PART 2914 - SEALED BIDDING
Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).
Source: 69 FR 22991, Apr. 27, 2004, unless otherwise noted.
Subpart 2914.4 - Opening of Bids and Award of Contract
2914.404-1 Cancellation of invitations after opening.
The authority of the agency head in FAR 14.404-1(c) and (f) to make a written determination to cancel an invitation for bids and reject all bids after opening and to authorize completion of the acquisition through negotiation is delegated to the HCA.
2914.407-3 Other mistakes disclosed before award.
(a) The authority to make determinations, as conferred by FAR 14.407-3(e) is delegated to the HCA, without power of redelegation, but only after consultation with the Office of the Solicitor. All such determinations shall be documented in the contract file.
(b) The following procedures must be followed when submitting doubtful cases of mistakes in bids to the Comptroller General for an advance decision, as provided by FAR 14.407-3(i).
(1) Requests must be made by the HCA after consultation with the Office of the Solicitor.
(2) Requests must be in writing, dated, signed by the requestor, addressed to the Comptroller General of the United States, General Accounting Office, Washington, DC 20548, and contain the following:
(i) The name and address of the party requesting the decision; and
(ii) A statement of the question to be decided, a presentation of all relevant facts, a statement of the requesting party's position with respect to the question, and copies of all pertinent records and supporting documentation.
(a) When only one bid is received in response to an invitation for bids, such bid may be considered and accepted if the contracting officer makes a written determination that:
(1) The specifications used in the invitation were not unduly restrictive;
(2) Adequate competition was solicited and it could have been reasonably assumed that more than one bid would have been submitted;
(3) The price is reasonable; and
(4) The bid is otherwise in accordance with the invitation for bids.
(b) Such a determination must be placed in the contract file.