[Code of Federal Regulations]

[Title 48, Volume 5]

[Revised as of October 1, 2006]

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

[CITE: 48CFR814.404-2]



[Page 177]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 8--DEPARTMENT OF VETERANS AFFAIRS

 

PART 814_SEALED BIDDING--Table of Contents

 

           Subpart 814.4_Opening of Bids and Award of Contract

 

Sec. 814.404-2  Rejection of individual bids.



    (a) When a bid that is being considered for an award is found to be 

incomplete, e.g., all pages of the invitation have not been returned by 

the bidder, the contracting officer will take whichever of the following 

actions that is appropriate:

    (1) Make a determination that the bid as submitted is in such a form 

that acceptance would create a valid and binding contract, requiring the 

contractor to perform in accordance with all of the material terms and 

conditions of the invitation. Such a determination may be based on the 

fact that the bid as submitted includes evidence that the offeror 

intends to be bound by all the material terms and conditions of the 

invitation.

    (2) Make a determination that the bid as submitted is in such form 

that acceptance would not create a valid and binding contract.

    (b) When a single bid is received in response to a solicitation, the 

offer shall not be rejected simply because it specifies a bid acceptance 

time which is shorter than that contained in the solicitation, unless a 

compelling reason exists for rejecting such a bid. Insufficient time to 

properly evaluate an offer shall be considered a compelling reason for 

rejection; however, the contracting officer will first request the 

offeror to extend the acceptance date of the bid to allow for proper 

evaluation.

    Note: In those cases where more than one bid is received, an 

individual bid which is not in compliance with the Government's bid 

acceptance time shall be rejected as nonresponsive since consideration 

of such an offer would unfairly disadvantage other bidders.