[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR6.401]



[Page 106]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 6_COMPETITION REQUIREMENTS--Table of Contents

 

          Subpart 6.4_Sealed Bidding and Competitive Proposals

 

Sec. 6.401  Sealed bidding and competitive proposals.





    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.

    (a) Sealed bids. (See part 14 for procedures.) Contracting officers 

shall solicit sealed bids if--

    (1) Time permits the solicitation, submission, and evaluation of 

sealed bids;

    (2) The award will be made on the basis of price and other price-

related factors;

    (3) It is not necessary to conduct discussions with the responding 

offerors about their bids; and

    (4) There is reasonable expectation of receiving more than one 

sealed bid.

    (b) Competitive proposals. (See part 15 for procedures.)

    (1) Contracting officers may request competitive proposals if sealed 

bids are not appropriate under paragraph (a) above.

    (2) 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.



[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]