52.214-23 Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding
Source: FAR 52.214-23 on acquisition.gov
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- Proposals may be withdrawn in writing, by authorized facsimile, or in person before the deadline, with proper identification and documentation.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and transparency in two-step sealed bidding by enforcing strict deadlines and clear procedures for handling late or withdrawn proposals.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.
As prescribed in 14.201-6(r), insert the following provision:
Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding (Nov 1999)
(a) Bidders are responsible for submitting technical proposals, and any modifications or revisions, so as to reach the Government office designated in the request for technical proposals by the time specified in the invitation for bids (IFB). 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 or revisions are due.
(b)
(1) Any technical proposal under step one of two-step sealed bidding, modification, revision, or withdrawal of such proposal received at the Government office designated in the request for technical proposals after the exact time specified for receipt will not be considered unless the Contracting Officer determines that accepting the late technical proposal would not unduly delay the acquisition; and-
(i) If it was transmitted through an electronic commerce method authorized by the request for technical proposals, 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 proposals; or
(ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt; or
(iii) It is the only proposal received and it is negotiated under part 15 of the Federal Acquisition Regulation.
(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 technical 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 technical proposals cannot be received at the Government office designated for receipt of technical proposals by the exact time specified in the request for technical proposals, and urgent Government requirements preclude amendment of the request for technical proposals, the time specified for receipt of technical proposals will be deemed to be extended to the same time of day specified in the request for technical proposals on the first work day on which normal Government processes resume.
(e) Technical proposals may be withdrawn by written notice received at any time before the exact time set for receipt of technical proposals. If the request for technical proposals authorizes facsimile technical proposals, they may be withdrawn via facsimile received at any time before the exact time set for receipt of proposals, subject to the conditions specified in the provision at 52.214-31, Facsimile Bids. A technical proposal may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of technical proposals, the identity of the person requesting withdrawal is established and the person signs a receipt for the technical proposal.
(End of provision)