Low RiskFARGeneral

52.214-31Facsimile Bids.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.214-31 — Facsimile Bids.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.214-31 Facsimile Bids. As prescribed in 14.201-6(v), insert the following provision: Facsimile Bids (DEC 1989) (a) Definition. Facsimile bid, as used in this solicitation, means a bid, modification of a bid, or withdrawal of a bid that is transmitted to and received by the Government via electronic equipment that communicates and reproduces both printed and handwritten material. (b) Bidders may submit facsimile bids as responses to this solicitation. These responses must arrive at the place and by the time, specified in the solicitation. (c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration. (d) Facsimile bids must contain the required signatures. (e) The Government reserves the right to make award solely on the facsimile bid. However, if requested to do so by the Contracting Officer, the apparently successful bidder agrees to promptly submit the complete original signed bid. (f) Facsimile receiving data and compatibility characteristics are as follows: (1) Telephone number of receiving facsimile equipment: (2) Compatibility characteristics of receiving facsimile equipment (e.g., make and model number, receiving speed, communications protocol): (g) If the bidder chooses to transmit a facsimile bid, the Government will not be responsible for any failure attributable to the transmission or receipt of the facsimile bid including, but not limited to, the following: (1) Receipt of garbled or incomplete bid. (2) Availability or condition of the receiving facsimile equipment. (3) Incompatibility between the sending and receiving equipment. (4) Delay in transmission or receipt of bid. (5) Failure of the bidder to properly identify the bid. (6) Illegibility of bid. (7) Security of bid data. (End of provision) [54 FR 48992, Nov. 28, 1989, as amended at 64 FR 51841, Sept. 24, 1999]

Source: eCFR, 48 CFR 52.214-31 (https://www.ecfr.gov/current/title-48/section-52.214-31)

Compliance Checklist

  • These responses must arrive at the place and by the time, specified in the solicitation.
  • (c) Facsimile bids that fail to furnish required representations or information or that reject any of the terms, conditions, and provisions of the solicitation may be excluded from consideration.
  • (d) Facsimile bids must contain the required signatures.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.