[Code of Federal Regulations]
[Title 48, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 48CFR14.304]

[Page 229-230]
 
            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM
 
                CHAPTER 1--FEDERAL ACQUISITION REGULATION
 
PART 14--SEALED BIDDING--Table of Contents
 
                    Subpart 14.3--Submission of Bids
 
Sec. 14.304  Submission, modification, and withdrawal of bids.

    (a) Bidders are responsible for submitting bids, and any 
modifications or withdrawals, so as to reach the Government office 
designated in the invitation for bid (IFB) by the time specified in the 
IFB. They may use any transmission method authorized by the IFB (i.e., 
regular mail, electronic commerce, or facsimile). 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 of a bid 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. one working 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 bid 
opening date, the time specified for receipt of bids will be deemed to 
be extended to the same time of day specified in the IFB 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. Upon withdrawal of an electronically transmitted 
bid, the data received must not be viewed and, where practicable, must 
be purged from primary and backup data storage systems.
    (f) The contracting officer must promptly notify any bidder if its 
bid, modification, or withdrawal was received late, and must inform the 
bidder whether its bid will be considered, unless contract award is 
imminent and the notices prescribed in 14.409 would suffice.

[[Page 230]]

    (g) Late bids and modifications that are not considered must be held 
unopened, unless opened for identification, until after award and then 
retained with other unsuccessful bids. However, any bid bond or 
guarantee must be returned.
    (h) If available, the following must be included in the contract 
files for each late bid, modification, or withdrawal:
    (1) The date and hour of receipt.
    (2) A statement, with supporting rationale, regarding whether the 
bid was considered for award.
    (3) The envelope, wrapper, or other evidence of the date of receipt.

[64 FR 51838, Sept. 24, 1999]