Overview
FAR 14.304 establishes the rigorous standards for the timely submission, modification, and withdrawal of sealed bids, placing the primary responsibility for delivery on the bidder. It defines the "late is late" rule while providing narrow exceptions for government mishandling, electronic commerce delays, or emergency office closures.
Key Rules
- Submission Responsibility: Bidders are responsible for ensuring bids reach the designated government office by the exact time specified in the Invitation for Bid (IFB); if no time is specified, the deadline is 4:30 p.m. local time.
- Late Bid Exceptions: A late bid will generally not be considered unless it is received before award and:
- It was submitted via authorized electronic commerce and reached the government infrastructure by 5:00 p.m. one working day prior to the deadline; or
- There is acceptable evidence (time/date stamps or government testimony) that the bid was under government control at the installation before the deadline.
- Favorable Modifications: A late modification to an otherwise successful bid that makes its terms more favorable to the Government (e.g., a price decrease) can be accepted at any time.
- Emergency Extensions: If an emergency or unanticipated event interrupts normal government processes, the deadline is automatically extended to the same time on the first resume-work day.
- Withdrawal Procedures: Bids may be withdrawn before the deadline via written notice, authorized facsimile, or in person (with proper identification and a signed receipt).
- Handling of Late Bids: Late bids that are not considered must be held unopened (except for identification) and retained in the file, though bid bonds or guarantees must be returned to the bidder.
Practical Implications
- Strict Deadlines: The "Late is Late" rule is applied with extreme technicality; bidders should avoid last-minute submissions as even minor delays in delivery or government mailroom processing can result in disqualification.
- Electronic Safety Margin: To take advantage of the electronic commerce exception, bidders should treat the "5:00 p.m. one working day prior" mark as their actual deadline to ensure their bid is protected against technical transmission delays.