Section 30-2308. LATE PROPOSALS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

 

2308.1Offerors shall submit proposals, and any modifications, so that they will reach the Agency office designated in the solicitation on time.

 

2308.2Unless the RFP states a specific time, the deadline for receipt of proposals shall be 2:00 p.m., local time, at the designated Agency office on the date that proposals are due.

 

2308.3Proposals and modifications to proposals that are received in the designated Agency office after the exact time specified in the RFP or under § 2308.2 are "late" and shall be considered only if they are received before the award is made and one (1) or more of the following circumstances apply:

 

(a) The proposal or modification was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of proposals;

 

(b) The proposal or modification of proposal was sent by mail and it is determined by the contracting officer that the late receipt at the location specified in the RFP was caused by mishandling by the Agency after receipt; or

 

(c) The proposal is the only proposal received.

 

2308.4The only acceptable evidence to establish the date of a late proposal, 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 proposal, modification, or withdrawal shall be deemed to have been mailed late. If 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 proposal shall be considered late unless the offeror can furnish evidence from postal authorities of timely mailing.

 

2308.5Any request for withdrawal or request for modification received after the time and date set for submission of proposals at the place designate for submission of proposals shall be considered "late."

 

2308.6A late proposal, late request for modification, or late request for withdrawal shall not be considered, except as provided in this section.

 

2308.7A late modification of a successful proposal which makes its terms more favorable to the Agency shall be considered at any time it is received and may be accepted.

 

2308.8A late proposal, late modification of proposal, or late withdrawal of proposal that is not considered shall be held unopened, unless opened for purposes of identification, until after award. The proposal shall then be retained with unsuccessful proposals.

 

2308.9The following information shall, if available, be included in the contract office files with respect to each late proposal, late modification of proposal, or late withdrawal of proposal:

 

(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 proposal or modification was or was not considered for award;

 

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

 

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

 

source

Final Rulemaking published at 36 DCR 6681, 6744 (September 22, 1989).