FAR 14.408-6 Equal low bids

Subsection Federal Acquisition Regulation

Facts

Citation
FAR 14.408-6
Type
Subsection
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this subsection.

Text

(a) Contracts shall be awarded in the following order of priority when two or more low bids are equal in all respects:

(1) Small business concerns that are also labor surplus area concerns.

(2) Other small business concerns.

(3) Other business concerns.

(b) If two or more bidders still remain equally eligible after application of paragraph (a) of this section, award shall be made by a drawing by lot limited to those bidders. If time permits, the bidders involved shall be given an opportunity to attend the drawing. The drawing shall be witnessed by at least three persons, and the contract file shall contain the names and addresses of the witnesses and the person supervising the drawing.

(c) When an award is to be made by using the priorities under this 14.408-6, the contracting officer shall include a written agreement in the contract that the contractor will perform, or cause to be performed, the contract in accordance with the circumstances justifying the priority used to break the tie or select bids for a drawing by lot.

Quick answers

What is FAR 14.408-6?

FAR 14.408-6 is a subsection of the Federal Acquisition Regulation, titled "Equal low bids".

Are changes to FAR 14.408-6 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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