[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: 48CFR14.402-3]



[Page 239]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 14_SEALED BIDDING--Table of Contents

 

           Subpart 14.4_Opening of Bids and Award of Contract

 

Sec. 14.402-3  Postponement of openings.



    (a) A bid opening may be postponed even after the time scheduled for 

bid opening (but otherwise in accordance with 14.208) and--

    (1) The contracting officer has reason to believe that the bids of 

an important segment of bidders have been delayed in the mails, or in 

the communications system specified for transmission of bids, for causes 

beyond their control and without their fault or negligence (e.g., flood, 

fire, accident, weather conditions, strikes, or Government equipment 

blackout or malfunction when bids are due); or

    (2) Emergency or unanticipated events interrupt normal governmental 

processes so that the conduct of bid openings as scheduled is 

impractical.

    (b) At the time of a determination to postpone a bid opening under 

subparagraph (a)(1) above, an announcement of the determination shall be 

publicly posted. If practical before issuance of a formal amendment of 

the invitation, the determination shall be otherwise communicated to 

prospective bidders who are likely to attend the scheduled bid opening.

    (c) In the case of paragraph (a)(2) of this section, and when urgent 

Government requirements preclude amendment of the solicitation as 

prescribed in 14.208, the time specified for opening of bids 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. In such cases, the time of actual bid opening shall be deemed to 

be the time set for bid opening for the purpose of determining ``late 

bids'' under 14.304. A note should be made on the abstract of bids or 

otherwise added to the file explaining the circumstances of the 

postponement.



[48 FR 42171, Sept. 19, 1983, as amended at 60 FR 34738, July 3, 1995; 

61 FR 31619, June 20, 1996]



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