Notice of Award

A Notice of Award is the formal government communication that informs the winning offeror that their proposal has been selected and that a contract has been awarded, typically enclosing or referencing the signed contract document.

What is a Notice of Award?

Under FAR 15.504, when the government makes an award following competitive proposals, it must simultaneously notify all unsuccessful offerors and provide the notice of award to the winner. The notice of award to the winner constitutes the government's acceptance of the winning offer, forming the contract (assuming all required signatures are in place).

The notice of award typically includes or references:

• The signed contract (often SF 26, SF 1449, or agency-specific form)
• The contract number (the official PIID, Procurement Instrument Identifier)
• The period of performance
• The contract value (funded amount and ceiling)
• The statement of work or performance work statement incorporated by reference
• Applicable FAR and DFARS clauses
• Administrative and payment instructions
• Instructions for the Notice to Proceed (if a separate NTP is required before work begins)

Simultaneous notification requirements mean that unsuccessful offerors must be notified of the award on or before the date the winning contractor is told they won. This protects the losing companies' right to file a pre-award bid protest and ensures fair treatment.

For small business set-aside awards and simplified acquisitions, notice procedures may be less formal, but the principle of prompt notification remains.

Why Notice of Award matters for government contractors

The notice of award triggers several critical contractor actions: contract review and signature (if countersignature is required), assignment of the program manager and contracting officer's representative contact, setup of accounting codes and project tracking systems, initiation of security clearance and facility access processes, and notification to subcontractors. For unsuccessful bidders, the notice of award starts the 3-day window to request a post-award debriefing and the 10-day protest window from the date of debriefing. Missing either deadline has significant legal consequences.

Example

Company A wins a $7.2M VA IT services contract. The contracting officer sends a notice of award to Company A with the signed SF 1449, the contract number VA118-26-C-0034, and the incorporated PWS. Simultaneously, the contracting officer sends a notice of the award (without Company A's pricing details) to the three unsuccessful offerors. Company B, the second-ranked offeror, receives the notice, immediately requests a post-award debriefing within the 3-day window, and begins assessing whether the award decision is protest-worthy. Company A begins internal project setup and sends a congratulatory note to their proposed key personnel confirming their assignment.

Frequently Asked Questions

Is the notice of award different from the contract?

Not always, often the notice of award IS the contract, with the signed contract document enclosed. In some procurement types, the notice references a separately executed contract. What matters legally is that the signed contract constitutes the government's acceptance of the contractor's offer, creating a binding agreement.

How quickly must the government issue a notice of award?

There is no fixed regulatory deadline for issuing the notice of award after the source selection decision is made, but unreasonable delays can be the basis of a protest. In practice, notices are issued within days of the source selection decision being signed. FPDS-NG (the contract award database) requires contract data to be reported within 30 days of award.

Can a contract be terminated after notice of award?

Yes, the government has the right to terminate for convenience at any time after award. Early terminations (before performance begins) are extremely rare but do occur if a protest is sustained and the corrective action requires re-competition. The winning contractor would receive reasonable bid and proposal costs as part of a convenience termination settlement.

What is a "conditional notice of award"?

Some agencies issue conditional notices of award when a pre-award protest has been filed and the CICA automatic stay is in effect, noting that the award is made but performance cannot begin until the stay is lifted or the protest is resolved. This preserves the award decision while respecting the protest process.