52.215-5 Facsimile Proposals
Source: FAR 52.215-5 on acquisition.gov
FAR 52.215-5 allows proposals to be submitted by fax, but contractors must ensure legibility and be prepared to provide original signed copies if requested.
Overview
FAR 52.215-5 outlines the requirements and procedures for submitting proposals, revisions, modifications, or withdrawals via facsimile (fax) in response to government solicitations. This provision allows offerors to use fax machines to transmit their proposals, treating them with the same legal standing as paper submissions. It also establishes procedures for handling unreadable faxed proposals, including notification and resubmission protocols, and clarifies that the government may make an award based solely on a faxed proposal, but may require an original signed copy if needed.
Key Rules
- Definition of Facsimile Proposal
- A facsimile proposal includes any proposal, revision, modification, or withdrawal sent and received by fax.
- Submission Authorization
- Offerors are permitted to submit proposals by fax, and these are treated the same as paper proposals.
- Unreadable Proposals
- If a faxed proposal is unreadable, the contracting officer must notify the offeror and allow resubmission, with the resubmission considered timely if requirements are met.
- Award Based on Faxed Proposal
- The government can make an award based solely on a faxed proposal but may require the original signed document if requested.
Responsibilities
- Contracting Officers: Must provide a fax number, handle unreadable proposals per the provision, and may request original signed proposals.
- Contractors: Must ensure faxed proposals are legible, respond promptly to resubmission requests, and provide original signed copies if required.
- Agencies: Must ensure procedures for receiving and processing faxed proposals are in place and followed.
Practical Implications
- This provision enables faster proposal submissions and modifications, especially close to deadlines. Contractors must ensure faxed documents are clear and complete, as unreadable submissions can jeopardize timeliness. Failure to provide an original signed proposal when requested can risk award eligibility.
As prescribed in 15.209(e), insert the following provision:
Facsimile Proposals (Oct 1997)
(a) Definition. "Facsimile proposal," as used in this provision, means a proposal, revision or modification of a proposal, or withdrawal of a proposal that is transmitted to and received by the Government via facsimile machine.
(b) Offerors may submit facsimile proposals as responses to this solicitation. Facsimile proposals are subject to the same rules as paper proposals.
(c) The telephone number of receiving facsimile equipment is:_____________ [insert telephone number].
(d) If any portion of a facsimile proposal received by the Contracting Officer is unreadable to the degree that conformance to the essential requirements of the solicitation cannot be ascertained from the document-
(1) The Contracting Officer immediately shall notify the offeror and permit the offeror to resubmit the proposal;
(2) The method and time for resubmission shall be prescribed by the Contracting Officer after consultation with the offeror; and
(3) The resubmission shall be considered as if it were received at the date and time of the original unreadable submission for the purpose of determining timeliness, provided the offeror complies with the time and format requirements for resubmission prescribed by the Contracting Officer.
(e) The Government reserves the right to make award solely on the facsimile proposal. However, if requested to do so by the Contracting Officer, the apparently successful offeror promptly shall submit the complete original signed proposal.
(End of provision)