[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR14.304]



[Page 237-238]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 14_SEALED BIDDING--Table of Contents

 

                     Subpart 14.3_Submission of Bids

 

Sec. 14.304  Submission, modification, and withdrawal of bids.



    (a) Bidders are responsible for submitting bids, and any 

modifications or withdrawals, so as to reach the Government office 

designated in the invitation for bid (IFB) by the time specified in the 

IFB. They may use any transmission method authorized by the IFB (i.e., 

regular mail, electronic commerce, or facsimile). If no time is 

specified in the IFB, the time for receipt is 4:30 p.m., local time, for 

the designated Government office on the date that bids are due.

    (b)(1) Any bid, modification, or withdrawal of a bid received at the 

Government office designated in the IFB after the exact time specified 

for receipt of bids is ``late'' and will not be considered unless it is 

received before award is made, the contracting officer determines that 

accepting the late bid would not unduly delay the acquisition; and--

    (i) If it was transmitted through an electronic commerce method 

authorized by the IFB, it 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 bids; or

    (ii) There is acceptable evidence to establish that it was received 

at the Government installation designated for



[[Page 238]]



receipt of bids and was under the Government's control prior to the time 

set for receipt of bids.

    (2) However, a late modification of an otherwise successful bid, 

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 bid 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 bids cannot be received at the Government 

office designated for receipt of bids by the exact time specified in the 

IFB, and urgent Government requirements preclude amendment of the bid 

opening date, the time specified for receipt of bids will be deemed to 

be extended to the same time of day specified in the IFB on the first 

work day on which normal Government processes resume.

    (e) Bids may be withdrawn by written notice received at any time 

before the exact time set for receipt of bids. If the IFB authorizes 

facsimile bids, bids may be withdrawn via facsimile received at any time 

before the exact time set for receipt of bids, subject to the conditions 

specified in the provision at 52.214-31, Facsimile Bids. A bid may be 

withdrawn in person by a bidder or its authorized representative if, 

before the exact time set for receipt of bids, the identity of the 

person requesting withdrawal is established and the person signs a 

receipt for the bid. Upon withdrawal of an electronically transmitted 

bid, the data received must not be viewed and, where practicable, must 

be purged from primary and backup data storage systems.

    (f) The contracting officer must promptly notify any bidder if its 

bid, modification, or withdrawal was received late, and must inform the 

bidder whether its bid will be considered, unless contract award is 

imminent and the notices prescribed in 14.409 would suffice.

    (g) Late bids and modifications that are not considered must be held 

unopened, unless opened for identification, until after award and then 

retained with other unsuccessful bids. However, any bid bond or 

guarantee must be returned.

    (h) If available, the following must be included in the contract 

files for each late bid, modification, or withdrawal:

    (1) The date and hour of receipt.

    (2) A statement, with supporting rationale, regarding whether the 

bid was considered for award.

    (3) The envelope, wrapper, or other evidence of the date of receipt.



[64 FR 51838, Sept. 24, 1999]