[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR15.208]

[Page 250-251]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 15_CONTRACTING BY NEGOTIATION--Table of Contents
 
   Subpart 15.2_Solicitation and Receipt of Proposals and Information
 
Sec.  15.208   Submission, modification, revision, and withdrawal of proposals.

    (a) Offerors are responsible for submitting proposals, and any 
revisions, and modifications, so as to reach the Government office 
designated in the solicitation by the time specified in the 
solicitation. Offerors may use any transmission method authorized by the 
solicitation (i.e., regular mail, electronic commerce, or facsimile). 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.
    (b)(1) Any proposal, modification, or revision, that is received at 
the designated Government office after the exact time specified for 
receipt of proposals is ``late'' and will not be considered unless it is 
received before award is made, the contracting officer determines that 
accepting the late proposal would not unduly delay the acquisition; 
and--
    (i) If it was transmitted through an electronic commerce method 
authorized by the solicitation, it was received

[[Page 251]]

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; or
    (ii) There is acceptable evidence to establish that it was received 
at the Government installation designated for receipt of proposals and 
was under the Government's control prior to the time set for receipt of 
proposals; or
    (iii) It was the only proposal received.
    (2) However, a late modification of an otherwise successful 
proposal, that makes its terms more favorable to the Government, will be 
considered at any time it is received and may be accepted.
    (c) Acceptable evidence to establish the time of receipt at the 
Government installation includes the time/date stamp of that 
installation on the proposal wrapper, other documentary evidence of 
receipt maintained by the installation, or oral testimony or statements 
of Government personnel.
    (d) If an emergency or unanticipated event interrupts normal 
Government processes so that proposals cannot be received at the 
Government 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.
    (e) Proposals may be withdrawn by written notice at any time before 
award. Oral proposals in response to oral solicitations may be withdrawn 
orally. The contracting officer must document the contract file when 
oral withdrawals are made. One copy of withdrawn proposals should be 
retained in the contract file (see 4.803(a)(10)). Extra copies of the 
withdrawn proposals may be destroyed or returned to the offeror at the 
offerors request. Where practicable, electronically transmitted 
proposals that are withdrawn must be purged from primary and backup data 
storage systems after a copy is made for the file. Extremely bulky 
proposals must only be returned at the offeror's request and expense.
    (f) The contracting officer must promptly notify any offeror if its 
proposal, modification, or revision was received late, and must inform 
the offeror whether its proposal will be considered, unless contract 
award is imminent and the notice prescribed in 15.503(b) would suffice.
    (g) Late proposals and modifications that are not considered must be 
held unopened, unless opened for identification, until after award and 
then retained with other unsuccessful proposals.
    (h) If available, the following must be included in the contracting 
office files for each late proposal, modification, revision, or 
withdrawal:
    (1) The date and hour of receipt.
    (2) A statement regarding whether the proposal was considered for 
award, with supporting rationale.
    (3) The envelope, wrapper, or other evidence of date of receipt.

[64 FR 51839, Sept. 24, 1999, as amended at 64 FR 72451, Dec. 27, 1999]