TIMELINESS—SEALED BID AND COMPETITIVE PROPOSALS

Offerors are responsible for submitting offers, and any revisions and modifications to them, so that they reach the government office designated in the solicitation on time.

If an emergency or unanticipated event interrupts normal government processes so that proposals cannot be received at the office designated for receipt of proposals by the exact time specified in the solicitation, and urgent government requirements preclude amendment of the solicitation closing date, the time specified for receipt of proposals will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal government processes resume. If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated government office on the date that proposals are due.

Proposals, and modifications to them, that are received in the designated government office after the exact time specified are “late” and will be considered only if they are received before award is made and one of the following conditions is met:

1. The proposal was sent by registered or certified mail not later than the fifth calendar day before the date specified for receipt of offers.

2. The proposal was sent by mail (or telegram or facsimile, if authorized) or hand-carried (including delivery by a commercial carrier) if it is determined by the government that the late receipt was due primarily to government mishandling after receipt at the government installation.

3. The proposal was sent by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior to the date specified for receipt of proposals. (The term “working days” excludes weekends and U.S. federal holidays.)

4. The proposal was transmitted through an electronic commerce method authorized by the solicitation and was received at the initial point of entry to the government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of proposals.

5. There is acceptable evidence to establish that the proposal was received at the activity designated for receipt of offers and was under the government’s control prior to the time set for receipt of offers, and the contracting officer determines that accepting the late offer would not unduly delay the procurement.

6. The proposal was the only one received.

The government will promptly notify any offeror if its proposal, modification, or revision was received late, and inform the offeror whether or not it will be considered, unless contract award is imminent.

When a late proposal or modification is transmitted within the United States or Canada by registered or certified mail or by U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee and is received before award, the offeror will be promptly notified that the offeror must establish that the proposal was sent by either: (1) registered or certified mail showing a date of mailing not later than the fifth calendar day before the date specified for opening; or (2) U.S. Postal Service Express Mail Next Day Service-Post Office to Addressee showing a date of mailing not later than 5:00 p.m. two federal working days prior to the date specified. Late proposals and modifications that are not considered will be held unopened, unless opened for identification, until after award and then retained with other unsuccessful proposals.

Proposals may be withdrawn at any time before award. Written proposals are withdrawn upon receipt by the government of a written notice of withdrawal. Oral proposals in response to oral solicitations may be withdrawn orally. Upon withdrawal of an electronically transmitted proposal, the data received will not be viewed and will be purged from primary and backup data storage systems.