C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER C—CONTRACTING METHODS AND CONTRACT TYPES › PART 14—SEALED BIDDING › Subpart 14.4—Opening of Bids and Award of Contract

48 C.F.R. § 14.408-2

14.408-2 Responsible bidder—reasonableness of price.

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(a) The contracting officer shall determine that a prospective contractor is responsible (see subpart 9.1) and that the prices offered are reasonable before awarding the contract. The price analysis techniques in 15.404-1(b) may be used as guidelines. In each case the determination shall be made in the light of all prevailing circumstances. Particular care must be taken in cases where only a single bid is received.

(b) The price analysis shall consider whether bids are materially unbalanced (see 15.404-1(g)).

[48 FR 42171, Sept. 19, 1983, as amended at 55 FR 25527, June 21, 1990. Redesignated at 60 FR 34738, July 3, 1995, as amended at 62 FR 51270, Sept. 30, 1997]
Notes of Decisions
Cited in 1 case, 2004–2004 · leading case: First Enter. v. United States, 61 Fed. Cl. 109 (Fed. Cl. 2004).
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First Enter. v. United States, 61 Fed. Cl. 109 (Fed. Cl. 2004). · cites it 2× “15 48 C.F.R. §§ 14.408-2 ,15.402(a). When, such as in this case, neither a statute nor any applicable FAR requires the submission of cost or pricing data by offerors, the contracting officer must determine whether prices are fair by using the following order of preference: (1)…”
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