52.214-7 Late Submissions, Modifications, and Withdrawals of Bids
Source: FAR 52.214-7 on acquisition.gov
Bidders are responsible for ensuring their bids and any changes or withdrawals are received by the Government office before the deadline, or risk exclusion unless strict exceptions apply.
Overview
FAR 52.214-7 outlines the rules and procedures for handling late submissions, modifications, and withdrawals of bids in sealed bidding processes. It establishes the responsibility of bidders to ensure their bids and any changes or withdrawals reach the designated Government office by the specified deadline. The provision details the circumstances under which late bids may be considered, the types of acceptable evidence for receipt, procedures in case of emergencies, and the proper methods for withdrawing bids.
Key Rules
- Timely Submission
- Bidders must ensure all bids, modifications, or withdrawals are received at the designated Government office by the time stated in the IFB (default is 4:30 p.m. local time if not specified).
- Late Bids
- Late bids are generally not considered unless received before award, do not delay the acquisition, and meet specific criteria (e.g., electronic receipt by 5:00 p.m. the prior workday or proof of Government control before the deadline).
- Favorable Modifications
- Late modifications that make a successful bid more favorable to the Government may be accepted at any time.
- Proof of Receipt
- Acceptable evidence includes time/date stamps, documentary evidence, or Government personnel testimony.
- Emergency Extensions
- If an emergency prevents timely receipt, the deadline is extended to the same time on the next workday when normal operations resume.
- Withdrawal Procedures
- Bids may be withdrawn in writing, by facsimile (if authorized), or in person before the deadline, with proper identification and receipt.
Responsibilities
- Contracting Officers: Must enforce bid receipt deadlines, determine acceptability of late bids, and verify evidence of receipt.
- Contractors: Must ensure timely delivery of bids and follow proper procedures for modifications or withdrawals.
- Agencies: Must maintain accurate records of bid receipt and manage emergency extensions as needed.
Practical Implications
- This provision ensures fairness and transparency in the sealed bidding process by strictly controlling when and how bids are accepted or withdrawn. Contractors must be diligent about submission timing and documentation, as late or improperly withdrawn bids are typically excluded. Emergencies are accounted for, but only under specific conditions. Common pitfalls include misunderstanding electronic submission deadlines or failing to provide adequate proof of timely delivery.
As prescribed in 14.201-6(c)(3), insert the following provision:
Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bids (IFB) by the time specified in the 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 are due.
(b)
(1) Any bid, modification, or withdrawal 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 IFB, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the solicitation 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.
(End of provision)