[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: 48CFR15.208]



[Page 260-261]

 

            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 261]]



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]