[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31619-31620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14520]



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DEPARTMENT OF DEFENSE
48 CFR Parts 14, 15, and 52

[FAC 90-39; FAR Case 91-095; Item V]
RIN 9000-AF48


Federal Acquisition Regulation; Postponement of Bid Openings or 
Closing Dates

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to clarify the time for 
receipt of bids or proposals when an emergency or unanticipated event 
interrupts normal processes at a Government installation on the date 
scheduled for receipt of bids or proposals. This regulatory action was 
not subject to Office of Management and Budget review under Executive 
Order 12866, dated September 30, 1993, and is not a major rule under 5 
U.S.C. 804.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano at (202) 501-1758 
in reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 91-095.

SUPPLEMENTARY INFORMATION:

A. Background

    A proposed rule was published in the Federal Register on November 
9, 1993 (58 FR 59618). The proposed rule amended FAR 14.402-3, 15.411, 
15.412, 52.214-7, and 52.215-10 to clarify policy regarding 
rescheduling of the time for receipt of bids or proposals when an 
emergency or unanticipated event interrupts normal Government processes 
and urgent requirements do not allow time to formally extend the bid 
opening or solicitation closing date. One substantive comment was 
received in response to the proposed rule. After evaluation of this 
comment, the Councils agreed to finalize the amendments in the proposed 
rule and to make similar clarifying amendments at FAR 52.214-23, 
52.214-32, 52.214-33, and 52.215-36.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., because it merely clarifies policy regarding rescheduling 
of bid opening/solicitation closing dates when an emergency or 
unanticipated event occurs. No comments were received on the impact of 
this rule on small entities during the public comment period.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 14, 15, and 52

    Government procurement.

    Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, 48 CFR Parts 14, 15, and 52 are amended as set forth 
below:

    1. The authority citation for 48 CFR Parts 14, 15, and 52 continues 
to read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 14--SEALED BIDDING

    2. Section 14.402-3 is amended by revising paragraph (c) to read as 
follows:


14.402-3  Postponement of openings.

* * * * *
    (c) In the case of paragraph (a)(2) of this section, and when 
urgent Government requirements preclude amendment of the solicitation 
as prescribed in 14.208, the time specified for opening of bids will be 
deemed to be extended to the same time of day specified in the 
solicitation on the first work day on which normal Government processes 
resume. In such cases, the time of actual bid opening shall be deemed 
to be the time set for bid opening for the purpose of determining 
``late bids'' under 14.304. A note should be made on the abstract of 
bids or otherwise added to the file explaining the circumstances of the 
postponement.

PART 15--CONTRACTING BY NEGOTIATION

    3. Section 15.411 is amended by revising paragraph (a) to read as 
follows:


15.411  Receipt of proposals and quotations.

    (a) The procedures for receipt and handling of proposals and 
quotations should be similar to those prescribed in 14.401. Proposals 
and quotations shall be marked with the date and time of receipt.
* * * * *
    4. Section 15.412 is amended by revising paragraph (b) to read as 
follows:


15.412  Late proposals, modifications, and withdrawals of proposals.

* * * * *
    (b) Offerors are responsible for submitting offers, and any 
modifications to them, so as to reach the Government office designated 
in the solicitation on time. If an emergency or unanticipated event 
interrupts normal Government processes so that proposals cannot be 
received at the office designated for receipt of proposals by the exact 
time specified in the solicitation, and urgent Government requirements 
preclude amendment of the solicitation closing date as usually 
prescribed by 15.410, the

[[Page 31620]]

time specified for receipt of proposals will be deemed to be extended 
to the same time of day specified in the solicitation on the first work 
day on which normal Government processes resume. If no time is 
specified in the solicitation, the time for receipt is 4:30 p.m., local 
time, for the designated Government office on the date that proposals 
are due.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    5. Section 52.214-7 is amended in the provision by revising the 
date in the heading and adding paragraph (h) to read as follows:


52.214-7  Late Submissions, Modifications, and Withdrawals of Bids.

* * * * *

Late Submissions, Modifications, and Withdrawals of Bids (Aug 1996)

* * * * *
    (h) If an emergency or unanticipated event interrupts normal 
Government processes so as to cause postponement of the scheduled 
bid opening, and urgent Government requirements preclude amendment 
of the solicitation or other notice of an extension of the opening 
date, the time specified for receipt of bids will be deemed to be 
extended to the same time of day specified in the solicitation on 
the first work day on which normal Government processes resume.

(End of provision)

    6. Section 52.214-23 is amended in the provision by revising the 
date in the heading and adding paragraph (g) to read as follows:


52.214-23  Late Submissions, Modifications, and Withdrawals of 
Technical Proposals Under Two-Step Sealed Bidding.

* * * * *

Late Submissions, Modifications, and Withdrawals of Technical Proposals 
Under Two-Step Sealed Bidding (Aug 1996)

* * * * *
    (g) If an emergency or unanticipated event interrupts normal 
Government processes so that technical proposals cannot be received 
at the office designated for receipt of technical proposals by the 
exact time specified in the solicitation, and urgent Government 
requirements preclude amendment of the solicitation or other notice 
of an extension of the closing date, the time specified for receipt 
of technical proposals will be deemed to be extended to the same 
time of day specified in the solicitation on the first work day on 
which normal Government processes resume. If no time is specified in 
the solicitation, the time for receipt is 4:30 p.m., local time, for 
the designated Government office.

(End of provision)

    7. Section 52.214-32 is amended in the provision by revising the 
date in the heading and adding paragraph (f) to read as follows:


52.214-32  Late Submissions, Modifications, and Withdrawals of Bids 
(Overseas).

* * * * *

Late Submissions, Modifications, and Withdrawals of Bids (Overseas) 
(Aug 1996)

* * * * *
    (f) If an emergency or unanticipated event interrupts normal 
Government processes so as to cause postponement of the scheduled 
bid opening, and urgent Government requirements preclude amendment 
of the solicitation or other notice of an extension of the opening 
date, the time specified for receipt of bids will be deemed to be 
extended to the same time of day specified in the solicitation on 
the first work day on which normal Government processes resume.

(End of provision)

    8. Section 52.214-33 is amended in the provision by revising the 
date in the heading and adding paragraph (e) to read as follows:


52.214-33  Late Submissions, Modifications, and Withdrawals of 
Technical Proposals Under Two-Step Sealed Bidding (Overseas).

* * * * *

Late Submissions, Modifications, and Withdrawals of Technical Proposals 
Under Two-Step Sealed Bidding (Overseas) (Aug 1996)

* * * * *
    (e) If an emergency or unanticipated event interrupts normal 
Government processes so that technical proposals cannot be received 
at the office designated for receipt of technical proposals by the 
exact time specified in the solicitation, and urgent Government 
requirements preclude amendment of the solicitation or other notice 
of an extension of the closing date, the time specified for receipt 
of technical proposals will be deemed to be extended to the same 
time of day specified in the solicitation on the first work day on 
which normal Government processes resume. If no time is specified in 
the solicitation, the time for receipt is 4:30 p.m., local time, for 
the designated Government office.

(End of provision)

    9. Section 52.215-10 is amended by revising the date in the heading 
of the provision, and adding paragraph (i) to read as follows:


52.215-10  Late Submissions, Modifications, and Withdrawals of 
Proposals.

* * * * *

Late Submissions, Modifications, and Withdrawals of Proposals (Aug 
1996)

* * * * *
    (i) If an emergency or unanticipated event interrupts normal 
Government processes so that proposals cannot be received at the 
office designated for receipt of proposals by the exact time 
specified in the solicitation, and urgent Government requirements 
preclude amendment of the solicitation or other notice of an 
extension of the closing date, the time specified for receipt of 
proposals will be deemed to be extended to the same time of day 
specified in the solicitation on the first work day on which normal 
Government processes resume. If no time is specified in the 
solicitation, the time for receipt is 4:30 p.m., local time, for the 
designated Government office.

(End of provision)

    10. Section 52.215-36 is amended by revising the date in the 
heading of the provision, and adding paragraph (g) to read as follows:


52.215-36  Late Submissions, Modifications, and Withdrawals of 
Proposals (Overseas).

* * * * *

Late Submissions, Modifications, and Withdrawals of Proposals 
(Overseas) (Aug 1996)

* * * * *
    (g) If an emergency or unanticipated event interrupts normal 
Government processes so that proposals cannot be received at the 
office designated for receipt of proposals by the exact time 
specified in the solicitation, and urgent Government requirements 
preclude amendment of the solicitation or other notice of an 
extension of the closing date, the time specified for receipt of 
proposals will be deemed to be extended to the same time of day 
specified in the solicitation on the first work day on which normal 
Government processes resume. If no time is specified in the 
solicitation, the time for receipt is 4:30 p.m., local time, for the 
designated Government office.

(End of provision)

[FR Doc. 96-14520 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P