Overview
This section establishes the mandatory procedures and strict deadlines for the submission, modification, and withdrawal of proposals in negotiated procurements. It defines the "Late is Late" rule, placing the burden of timely delivery on the offeror while outlining the very narrow exceptions under which a late proposal may be considered.
Key Rules
- Submission Responsibility: Offerors are solely responsible for ensuring proposals reach the designated government office by the exact date and time specified in the solicitation.
- Default Deadline: If a solicitation does not specify a time, the default deadline is 4:30 p.m. local time for the designated government office.
- Late Proposal Exceptions: A late proposal will generally not be considered unless it is received before award, does not unduly delay the acquisition, and meets one of the following:
- Electronic Exception: It was received at the Government’s initial entry point no later than 5:00 p.m. one working day prior to the deadline.
- Government Control: There is acceptable evidence the proposal was at the government installation and under government control prior to the deadline.
- Sole Source: It was the only proposal received.
- Late Modifications: A late modification to a proposal that is already "successful" (the likely winner) will be accepted if it makes the terms more favorable to the Government.
- Emergency Extensions: If an unanticipated event (e.g., a localized emergency or office closure) interrupts normal government processes, the deadline is automatically extended to the next working day.
- Withdrawal: Offerors may withdraw proposals via written notice at any time prior to award.
Practical Implications
- The "Late is Late" Reality: In practice, the GAO and Courts strictly enforce these deadlines; even a proposal submitted seconds late is typically rejected, making it vital for contractors to aim for submission well in advance of the deadline.
- Documentation and Proof: Offerors should always retain "acceptable evidence" of submission (such as electronic receipts or certified mail logs) because the Contracting Officer must document the exact time of receipt and the rationale for either considering or rejecting a late submission in the official contract file.