Bid Responsiveness Determination

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Bids are evaluated with no discussion held with the bidders. Because bid evaluation and comparison are limited to price and other price-related factors only, the decision cycle is shorter than other competitive procurement methods that have to deal with more complex, non-price-related evaluation factors.

Evaluation of bids is two-fold. Before the bidder responsibility determination, the bid must be determined responsive, as detailed below.

Bid Responsiveness Determination:

To be determined responsive, a bid must be:

  1. Received, opened, and not rejected at the time and place set forth in the invitation for bids;
     
  2. Conform to the specifications, terms, and conditions set forth in the invitation for bids (IFB); and
     
  3. The most advantageous bid considering only price and other price-related factors set forth in the invitation for bids (fair, and reasonable price).

Nevertheless, although the purpose of the bid responsiveness determination is to decide whether the apparent low bid conforms to all essential requirements set forth in the invitation for bids (IFB), chance should be given to the bidder to cure any deficiency resulting from a minor informality or irregularity (see FAR 14.405—Minor Informalities or Irregularities in Bids). Such deficiencies are a mere matter of form rather than substance, so they can be waived without prejudice to other bidders. For instance, minor deficiencies may include:

  • bid not signed;
  • failure to acknowledge receipt of an amendment;
  • wrong number of copies of the bid;
  • missing attachments (financial statements, compliance reports, certificates, licenses, etc.);
  • missing information in the company profile (bidder's identification number, number of employees, client references, etc.).

Procurement jurisprudence considers any change of a bid requirement or its advertisement as a substantive informality, then not susceptible to bid responsibility determination waiver (see Waiver of Bid Irregularities is Allowed in Some Parishes, But Not in Others).

Bid Responsiveness Determination Resources

Bid Responsiveness Determination General Standards

The Federal Acquisition Regulation (FAR) prescribes policies, standards, and procedures pertaining to prospective contractors' bid responsiveness determination.

Bid Responsiveness Determination
(FAR 14.301—Responsiveness of bids)

Policies, standards, and procedures for affirmative bid responsiveness determination.
Federal Acquisition Regulation (FAR)

FAR 14.405—Minor Informalities or Irregularities in Bids
Procedures for handling minor informalities and irregularities in bids.
Federal Acquisition Regulation (FAR)

FAR 14.407—Mistakes in Bids
Procedures for handling minor mistakes in bids.
Federal Acquisition Regulation (FAR)

Bid Responsiveness Determination Jurisprudence

Waiver of Bid Irregularities is Allowed in Some Parishes, But Not in Others

Free Online Impartial Resources

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