52.214-7
Late Submissions, Modifications, and Withdrawals of Bids
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- Bids may be withdrawn in writing, by facsimile (if authorized), or in person before the deadline, with proper identification and receipt.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fairness and transparency in the sealed bidding process by strictly controlling when and how bids are accepted or withdrawn. Contractors must be diligent about submission timing and documentation, as late or improperly withdrawn bids are typically excluded.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.