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Live Streaming Part 14 Opening


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I have a bid opening coming up in a week. Obviously a public opening is not really in the cards with all that's going on. So rather than postpone this for weeks, I have an idea to live stream the opening. 

FAR 14.402-1 only says that the CO needs to publicly announce the date and time, personally and publicly open all bids received before that time, read them aloud, and have them recorded. While certainly that has always meant (and should in normal times) that it was a public opening people attend, I don't read the FAR to require it. The requirement in (c) can easily be put off until a later time. I think if I modify my IFB to include a link for any interested party to join via the web then I've met the requirement of (a). I would still post the abstract so it would be difficult for anyone to argue to GAO that they were harmed. There's also the technology side of things with all the firewalls to work out. 

I did a quick search of GAO and didn't find anything even remotely close. I would really like to hear from others though if they think I'm off base here, or if my idea is appropriate all things considered. 

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I like it. The public bidding process and the FAR requirements precede by decades the modern streaming capabilities. 

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So, are you planning on doing a bid opening that is not open to the public?

I think you should plan on allowing the public to attend the bid opening.  You might also announce that you'll do a live streaming as a courtesy to others.  Hopefully, your bid box will be available to the public up to the time of bid opening.

There is a big difference between (1) you shutting out the public and (2) the public not being unable to make it for other reasons.  If the public doesn't attend, let it be because of (2), not because of you.

Examination of bids cannot be put of until a later time -- it happens at time of bid opening -- I have never seen or heard of it happening later -- as a contracting officer, I would never allow it to happen later.

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Why can’t examination of bids be postponed until the next morning then post them on-line? 

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Take a look at this GAO decision.  It may have some bearing on your situation.  Continental Service Company, B-258807, February 15, 1995.  You can find other protests within this one.

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While FAR Sec. 14.402-1(a) provides that bids shall be read where practicable, even if an agency fails to do so, that failure does not render the procurement defective. See Williamson County Ambulance Serv., Inc., B-239017, June 22, 1990, 90-1 CPD Para. 583. Here, the bid opening officer read the bids, only not in the detail which Continental now states that it would have preferred. In any event, the purpose of a public bid opening is to afford bidders the opportunity to be present when the bids are opened and to view the bids upon request. Id. Continental and other attendees were free to invoke this safeguard by requesting an opportunity to view the bids at the bid opening; while Continental asserts that bids were not made available for inspection, Continental did not request such an inspection opportunity.

Finally, the agency acknowledges that it was unable to provide a copy of the bid abstract to the protester because a verified bid abstract was not completed until the date of award. We have found, however, that any delay by the procuring activity in furnishing the bid abstract is a procedural deficiency that has no bearing upon the validity of the bids received and therefore would not affect the legality of an award. The Allen Prods. Co., B-213318, Nov. 10, 1983, 83-2 CPD Para. 548.

Accordingly, the protest is dismissed in part and denied in part.  (emphasis added by me)

In The Allen Prods. Co., B-213318, Nov. 10, 1983, 83-2 CPD Para. 548.  GAO said

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FURTHER, AS TO THE DIFFICULTY IN OBTAINING THE BID RESULTS, BY LETTERS DATED SEPTEMBER 27 AND OCTOBER 11, 1983, RESPECTIVELY, ALLEN WAS INFORMED THAT IT WAS NOT THE LOW BIDDER AND WAS FURNISHED A COPY OF THE BID ABSTRACT. ANY DELAY BY THE PROCURING ACTIVITY IN FURNISHING THE BID RESULTS WOULD BE A PROCEDURAL DEFICIENCY THAT HAS NO BEARING UPON THE VALIDITY OF THE BIDS RECEIVED AND, THEREFORE, WOULD NOT AFFECT THE LEGALITY OF AN AWARD.  (sorry for the all-caps but those old decisions are formatted in that matter)

It seems that procedural deficiencies do not matter.

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Bailers, if you will be as open and transparent as possible, try it!

I recommend that you describe the bid opening process in your solicitation, in some detail if possible.

Issue an amendment to the current IFB.

You could provide copy of the bid abstract to each bidder -  or other observer upon request. There should be a way technically feasible way to let a bidder or other observer view the bids, upon request,  without transmitting them.

Describe the intended process and if someone objects, they can protest - but it would have to be prior to the bid opening, right? The alternative is no public bid opening due to the current world-wide Health Crisis.

Other than the timing of the Amendment, it seems like a no-brainer to me. Should be able to issue one within a couple of hours. You’ve thought through what you would do. I don’t think that such an amendment today or Monday next week would affect prices. Might need to extend the bid opening date til Friday or so to allow for objections - but if you explain the alternatives, I don’t think that prospective bidders will object or protest.

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https://www.fhwa.dot.gov/programadmin/contracts/071406att.cfm

check this out for example. 
I google searched for “electronic bid openings” 

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Thanks everyone for the great responses and research, and over a weekend no less. Joel, thank you so much for that link to DOT. The state my project will be in looks like they actually use live video for their process. So all in all it sounds like I should be covered if I choose a technical solution over an in-person opening. Even if this has to be a phone only opening, I could certainly record video the opening for posterity and to provide documentation in the case of any questions or a protest. I really believe in openness but that's just not where we are right now. It might be a moot point with the travel restrictions going up across the country but I'd like to at least get the award ready to be made. 

Appreciate everyone!

 

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Be careful, Bailers.  The FHWA example shows technology solutions in addition to public bid opening, not in replacement, and as a courtesy to offerors.  I think you should plan on allowing the public to attend the bid opening while also announcing that you'll do a live streaming as a courtesy.  If no one shows up, that's okay.  But this is different than you (the contracting officer) making a decision to exclude the public from attending big opening.  The public opening of bids has always been seen as a fundamental part of the sealed bid process. 

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Hi JI,

I completely agree with you in principle, and it's the way I was taught to do a bid opening when I first started. I think however given the circumstances caution is in order. Allowing the public to participate while not allowing them in the room still meets the spirit of openness. 

And while this might sound cold to say, if I post it to Beta.Sam and no one protests before the opening, I should be in the clear anyway. 

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