48 C.F.R. § 14.406
14.406 Receipt of an unreadable electronic bid.
If a bid received at the Government facility by electronic data interchange is unreadable to the degree that conformance to the essential requirements of the invitation for bids cannot be ascertained, the contracting officer immediately shall notify the bidder that the bid will be rejected unless the bidder provides clear and convincing evidence—
(a) Of the content of the bid as originally submitted; and
(b) That the unreadable condition of the bid was caused by Government software or hardware error, malfunction, or other Government mishandling.
Notes of Decisions
Cited in 2
cases, 1991–1994 · leading case: Seal & Co. v. Washington Metro. Area Transit Auth., 768 F. Supp. 1150 (E.D. Va. 1991).
Seal & Co. v. Washington Metro. Area Transit Auth., 768 F. Supp. 1150 (E.D. Va. 1991). “WMATA Procurement Policies, Chapter II, § 5(f); see also 48 C.F.R. § 14.406 (1990) (permitting correction of inconsequential mistakes in bids).”
Orbas & Assocs. v. Sec'y of the Navy, 863 F. Supp. 1186 (E.D. Cal. 1994). “She contacted Orbas, notified Orbas that its bid was significantly lower, as required by 48 C.F.R. § 14.406 — 3(g)(l)(i), and requested verification.”
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