§6.401. Sealed bidding and competitive proposals.
48 C.F.R. § 6.401
Sealed bidding and competitive proposals, as described in parts 14 and 15, are both acceptable procedures for use under subparts 6.1, 6.2; and, when appropriate, under subpart 6.3.
Time permits the solicitation, submission, and evaluation of sealed bids;
The award will be made on the basis of price and other price-related factors;
It is not necessary to conduct discussions with the responding offerors about their bids; and
There is reasonable expectation of receiving more than one sealed bid.
Competitive proposals. (See part 15 for procedures.)
Contracting officers may request competitive proposals if sealed bids are not appropriate under paragraph (a) of this section.
Because of differences in areas such as law, regulations, and business practices, it is generally necessary to conduct discussions with offerors relative to proposed contracts to be made and performed outside the United States and its outlying areas. Competitive proposals will therefore be used for these contracts unless discussions are not required and the use of sealed bids is otherwise appropriate.
Notes, amendments, and revision history
Amendments
[50 FR 1729, Jan. 11, 1985; 50 FR 4221, Jan. 30, 1985; 50 FR 52429, Dec. 23, 1985; 54 FR 5054, Jan. 31, 1989; 64 FR 51833, Sept. 24, 1999; 68 FR 28080, May 22, 2003; 84 FR 19843, May 6, 2019]
Authority
Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.
Source
Source: 50 FR 1729, Jan. 11, 1985; 50 FR 52429, Dec. 23, 1985, unless otherwise noted.
Amendments
[50 FR 1729, Jan. 11, 1985; 50 FR 4221, Jan. 30, 1985; 50 FR 52429, Dec. 23, 1985; 54 FR 5054, Jan. 31, 1989; 64 FR 51833, Sept. 24, 1999; 68 FR 28080, May 22, 2003; 84 FR 19843, May 6, 2019]