# PART 214 - SEALED BIDDING

SUBPART 214.2 —SOLICITATION OF BIDS

214.201 RESERVED

214.201-5 Part IV—Representations and instructions.

214.201-6 Solicitation provisions.

214.202 General rules for solicitation of bids.

214.202-5 Descriptive literature.

214.209 Cancellation of invitations before opening.

SUBPART 214.4 —OPENING OF BIDS AND AWARD OF CONTRACT

214.404 Rejection of bids.

214.404-1 Cancellation of invitations after opening.

214.407 Mistakes in bids.

214.407-3 Other mistakes disclosed before award.

214.408 Award.

214.408-1 General.

SUBPART 214.5 —TWO-STEP SEALED BIDDING

214.503 Procedures.

214.503-1 Step one.

## SUBPART 214.2 —SOLICITATION OF BIDS

### 214.201 RESERVED

#### 214.201-5 Part IV—Representations and instructions.

(c) Include an evaluation factor regarding supply chain risk (see subpart 239.73) when acquiring information technology, whether as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system, as defined in 239.7301 .

#### 214.201-6 Solicitation provisions.

(2) Use the provisions at 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at 215.371-6 and 215.408(3), respectively.

### 214.202 General rules for solicitation of bids.

#### 214.202-5 Descriptive literature.

(c) Requirements of invitation for bids. When brand name or equal purchase descriptions are used, use of the provision at FAR 52.211-6, Brand Name or Equal, satisfies this requirement.

### 214.209 Cancellation of invitations before opening.

If an invitation for bids allowed fewer than 30 days for receipt of offers, and resulted in only one offer, the contracting officer shall cancel and resolicit, allowing an additional period of at least 30 days for receipt of offers, as provided in 215.371 .

## SUBPART 214.4 —OPENING OF BIDS AND AWARD OF CONTRACT

### 214.404 Rejection of bids.

#### 214.404-1 Cancellation of invitations after opening.

(1) The contracting officer shall make the written determinations required by FAR 14.404-1(c) and (e)(1).

(2) If only one offer is received, follow the procedures at 215.371 , in lieu of the procedures at FAR 14.404-1(f).

### 214.407 Mistakes in bids.

#### 214.407-3 Other mistakes disclosed before award.

(e) Authority for making a determination under FAR 14.407-3(a), (b), and (d) is delegated for the defense agencies, without power of redelegation, as follows:

(i) | Defense Advanced Research Projects Agency: General Counsel, DARPA.
(ii) | Defense Information Systems Agency: General Counsel, DISA.
(iii) | Defense Intelligence Agency: Principal Assistant for Acquisition.
(iv) | Defense Logistics Agency: (A) General Counsel, DLA; and (B) Associate General Counsel, DLA.
(v) | National Geospatial-Intelligence Agency:
| General Counsel, NGA
(vi) | Defense Threat Reduction Agency: General Counsel, DTRA.
(vii) | National Security Agency: Director of Procurement, NSA.
(viii) | Missile Defense Agency: General Counsel, MDA.
(ix) | Defense Contract Management Agency General Counsel, DCMA

### 214.408 Award.

#### 214.408-1 General.

(b) For acquisitions that exceed the simplified acquisition threshold, if only one offer is received, follow the procedures at 215.371 .

## SUBPART 214.5 —TWO-STEP SEALED BIDDING

### 214.503 Procedures.

#### 214.503-1 Step one.

(a)(4) Include an evaluation factor regarding supply chain risk (see subpart 239.73) when acquiring information technology, whether as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system, as defined in 239.7301 .