# AFARS PART 5114

- Subpart 5114.2 -- Solicitation of Bids

- 5114.290 – Establishment of solicitation mailing lists.

- Subpart 5114.4 -- Opening of Bids and Award of Contract

- 5114.407 -- Mistakes in bids.

- 5114.407-3 -- Other mistakes disclosed before award.
- 5114.407-4 -- Mistakes after award.

- 5114.409 -- Information to bidders.

- 5114.409-2 -- Award of classified contracts.

AFARS -- Part 5114
Sealed Bidding

Subpart 5114.2 -- Solicitation of Bids

5114.290 – Establishment of solicitation mailing lists.

Notify prospective bidders in accordance with local procedures.

5114.213 -- Deleted. [AFARS Revision #21, dated May 22, 2007]

Subpart 5114.4 -- Opening of Bids and Award of Contract

5114.407 -- Mistakes in bids.

5114.407-3 -- Other mistakes disclosed before award.

(c) Chiefs of contracting offices having legal counsel available may make determinations described at FAR 14.407-3(c). This authority may not be redelegated.

(e) Authority to make the determinations at FAR 14.407-3(a), (b), and (d) is delegated only to the following:

(A) Each Principal Assistant Responsible for Contracting (PARC), who shall exercise the authority in coordination with the activity’s Chief Legal Officer (i.e., Command or Chief Counsel or Staff Judge Advocate).

(B) Each Division Commander within the United States Army Corps of Engineers (USACE), who must exercise the authority in coordination with the Division Counsel.

(C) The Deputy Assistant Secretary of the Army (Procurement). (DASA(P)).

(g) (3) Include the data in (i) through (v) required by FAR 14.407-3(g)(3). Original documents sent will be returned with the determination.

(A) Original of the alleged mistaken bid.

(B) Originals of all correspondence from the bidder regarding the alleged mistake.

(C) Originals of the worksheets and other evidence of the mistake furnished by the bidder.

(D) A statement by legal counsel concerning the merits of the allegation and the relief sought by the bidder.

(E) The contracting officer’s telephone number.

(i) When a doubtful case will be sent to the Government Accountability Office (GAO) Comptroller General for advance decision, include a statement that award has not been made. The reviewer at each level must state recommendations.

[AFARS Revision #21, dated May 22, 2007]

5114.407-4 -- Mistakes after award.

(d) The determinations at FAR 14.407-4(b) may be made only by the following:

(A) Each PARC, who shall exercise the authority in coordination with the activity’s Chief Legal Officer (i.e., Command or Chief Counsel or Staff Judge Advocate).

(B) Each Division Commander within the USACE, who shall exercise the authority in coordination with the Division Counsel.

(C) The DASA(P).

5114.409 -- Information to bidders.

5114.409-2 -- Award of classified contracts.

Take disposition action in accordance with Army Regulation (AR) 380-5.