14.304 Submission, modification, and withdrawal of bids
Source: FAR 14.304 on acquisition.gov
Timely and properly documented submission, modification, or withdrawal of bids is essential to ensure consideration in the sealed bidding process.
Overview
FAR 14.304 outlines the rules and procedures for the submission, modification, and withdrawal of bids in sealed bidding processes. It establishes strict requirements for the timing and method of bid submissions, the handling of late bids, and the documentation required for bid receipt and withdrawal. The regulation ensures fairness and transparency in the bidding process by specifying how and when bids must be received, the acceptable evidence for receipt, and the procedures for handling emergencies or unforeseen events that disrupt normal bid receipt operations.
Key Rules
- Submission of Bids
- Bidders must ensure their bids, modifications, or withdrawals reach the designated Government office by the specified deadline using authorized transmission methods.
- Late Bids
- Late bids are generally not considered unless specific conditions are met, such as timely electronic transmission or evidence of Government control before the deadline.
- Evidence of Receipt
- Acceptable evidence includes time/date stamps, documentary records, or oral testimony from Government personnel.
- Emergency Extensions
- If an emergency interrupts normal processes, the bid deadline is extended to the next business day when normal operations resume.
- Withdrawal of Bids
- Bids may be withdrawn by written notice, facsimile (if authorized), or in person before the deadline, with strict identity verification and data handling requirements for electronic bids.
- Notification and Recordkeeping
- Contracting officers must notify bidders of late receipt and document all relevant details in the contract file.
Responsibilities
- Contracting Officers: Must enforce submission deadlines, determine the acceptability of late bids, notify bidders of late receipt, and maintain thorough records.
- Contractors: Must ensure timely and compliant submission, modification, or withdrawal of bids, and follow authorized methods and procedures.
- Agencies: Oversee bid receipt processes, manage emergencies, and ensure proper documentation and retention of bid records.
Practical Implications
- This section exists to maintain the integrity and fairness of the sealed bidding process.
- Contractors must be vigilant about deadlines and authorized submission methods to avoid disqualification.
- Common pitfalls include late submissions, improper withdrawal procedures, and inadequate documentation, which can result in lost contract opportunities.
(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. oneworking 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 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.