52.214-23
Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding
Timely submission and proper documentation are critical—late technical proposals are rarely accepted unless strict exceptions are met under two-step sealed bidding.
Overview
FAR 52.214-23 outlines the rules for handling late submissions, modifications, revisions, and withdrawals of technical proposals during the first step of two-step sealed bidding. It establishes strict deadlines for proposal receipt, details exceptions for considering late proposals, and specifies acceptable evidence for establishing receipt times. The provision also addresses procedures for proposal withdrawal and extensions in the event of government office disruptions.
Key Rules
- Timely Submission
- Bidders must ensure technical proposals and any modifications or revisions are received by the designated government office by the specified deadline. If no time is stated, the default is 4:30 p.m. local time on the due date.
- Late Proposals
- Late proposals are generally not considered unless specific exceptions apply, such as timely electronic transmission, proof of early receipt, or if it is the only proposal received and negotiated under FAR Part 15.
- Late Modifications
- Modifications that make an otherwise successful proposal more favorable to the government may be accepted at any time.
- Evidence of Receipt
- Acceptable evidence includes time/date stamps, documentary records, or government personnel testimony.
- Emergency Extensions
- If government processes are disrupted, deadlines are automatically extended to the next business day when normal operations resume.
- Withdrawal Procedures
- Proposals may be withdrawn in writing, by authorized facsimile, or in person before the deadline, with proper identification and documentation.
Responsibilities
- Contracting Officers: Must enforce submission deadlines, determine exceptions for late proposals, and verify receipt evidence.
- Contractors: Must submit proposals and modifications on time, follow withdrawal procedures, and retain proof of submission.
- Agencies: Ensure clear communication of deadlines and maintain accurate records of receipt.
Practical Implications
- This provision ensures fairness and transparency in two-step sealed bidding by enforcing strict deadlines and clear procedures for handling late or withdrawn proposals. Contractors must be diligent about submission timing and documentation to avoid disqualification. Common pitfalls include misunderstanding electronic submission rules or failing to provide adequate evidence of timely receipt.