Section 30-2222. LATE BIDS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

 

2222.1Unless the solicitation states another time, the deadline for receipt of bids shall be 2:00 p.m., local time, at the designated Agency office on the date that bids are due.

 

2222.2Any bid received at the place designated in the solicitation after the time and date set for receipt of bids shall be considered a "late" bid unless it was received prior to the contract award and either of the following applies:

 

(a) It was sent by registered or certified mail not later than five (5) calendar days before the bid receipt date specified; or

 

(b) It was sent by mail (or telegram if authorized) and the contracting officer determines that the late receipt was due solely to mishandling by the Agency after receipt at the location specified in the IFB.

 

2222.3Any request for withdrawal or request for modification received after the time and date set for opening of bids at the place designated for opening shall be considered late.

 

2222.4The following information shall, if available, be included in the Agency files with respect to each late bid, late modification of a bid, or late withdrawal of bid:

 

(a) A statement of the date and hour of mailing, filing, or delivery;

 

(b) A statement of the date and hour of receipt;

 

(c) A written determination, with supporting facts, why the late bid, late modification, or late withdrawal was or was not considered;

 

(d) A statement of the disposition of the late action; and

 

(e) The envelope, or other covering, if the late bid or modification was considered.

 

2222.5The only acceptable evidence to establish the date of a late bid, late modification, or late withdrawal sent either by registered or certified mail shall be a U.S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the bid, modification, or withdrawal shall be deemed to have been mailed late. When the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown in the postmark, the bid shall be considered late unless the bidder can furnish evidence from the postal authorities of timely mailing.

 

2222.6A late bid, late request for modification, or late request for withdrawal shall not be considered, except as provided otherwise in this section.

 

2222.7A late modification of a successful bid which makes its terms more favorable to the Agency shall be considered at any time it is received and may be accepted.

 

2222.8A late bid, late modification of bid, or late withdrawal of bid that is not considered for award shall be held unopened, unless opened for identification, until after award and then retained with unsuccessful bids.

 

source

Final Rulemaking published at 36 DCR 6681, 6723 (September 22, 1989).