[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51837-51841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24416]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 14, 15, 22, and 52

[FAC 97-14; FAR Case 97-030; Item VII]
RIN 9000-AI25


Federal Acquisition Regulation; Conforming Late Offer Treatment

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 (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to provide uniform 
guidance regarding receipt of late offers for commercial, sealed bid, 
and negotiated acquisitions.

EFFECTIVE DATE: November 23, 1999.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-14, FAR case 97-030.

SUPPLEMENTARY INFORMATION:

A. Background

    The Councils published a proposed rule in the Federal Register on 
January

[[Page 51838]]

27, 1999 (64 FR 4248), amending the FAR to provide a single standard 
for receipt of late offers under commercial, sealed bid, and negotiated 
acquisitions. The final rule makes additional revisions to the proposed 
rule.
    The rule amends paragraph (f) of the clause at FAR 52.212-1, 
Instructions to Offerors--Commercial Items, to permit consideration of 
late offers if the Government mishandled the offer. This rule also 
amends guidance on receipt of late offers in FAR 14.304 and 15.208 and 
associated FAR solicitation provisions at 52.214-7, Late Submissions, 
Modifications, and Withdrawals of Bids; 52.214-23, Late Submissions, 
Modifications, and Withdrawals of Technical Proposals under Two-Step 
Bidding; and paragraph (c)(3) at 52.215-1, Instruction to Offerors--
Competitive Acquisitions, to provide uniform guidance for sealed bids 
and negotiated acquisitions. The rule also deletes the solicitation 
provisions at 52.214-32, Late Submissions, Modifications, and 
Withdrawals of Bids (Overseas), and 52.214-33, Late Submissions, 
Modifications, and Withdrawals of Technical Proposals under Two-Step 
Sealed Bidding (Overseas), since the revisions to 52.214-7 and 52.214-
23 eliminate the need for separate provisions, respectively.
    Six respondents provided comments on the proposed rule. The 
Government considered the comments in finalizing the rule.
    This action is not subject to Office of Management and Budget 
review under Section 6(b) of Executive Order 12866, Regulatory Planning 
and Review, dated September 30, 1993, and is not a major rule under 5 
U.S.C. 804.

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 within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule will affect 
when an offer is considered late; and, although no statistics regarding 
the number of late proposals exist, we expect that less than 1 percent 
of the offers will be received late. Under the rule, the Government 
will consider late offers, including late offers under commercial 
acquisitions that are late because of Government mishandling.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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, 22, and 52

    Government procurement.

    Dated: September 14, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA amend 48 CFR Parts 14, 15, 22, and 52 
as set forth below:
    1. The authority citation for 48 CFR Parts 14, 15, 22, 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. Amend section 14.201-6 to revise paragraph (c)(3), remove 
paragraph (c)(4), revise paragraphs (g)(2), (o)(2)(i), (o)(2)(ii), and 
(r), remove paragraph (v), redesignate paragraphs (w) through (y) as 
(v) through (x), respectively, and revise newly designated paragraphs 
(w) and (x) to read as follows:


14.201-6  Solicitation provisions.

* * * * *
    (c) * * *
    (3) 52.214-7, Late Submissions, Modifications, and Withdrawals of 
Bids.
* * * * *
    (g) * * *
    (2) Use the provision with its Alternate I in invitations for bids 
that are for perishable subsistence, and when the contracting officer 
considers that offerors will be unwilling to provide acceptance periods 
long enough to allow written confirmation.
* * * * *
    (o) * * *
    (2) * * *
    (i) If the nature of the required product does not necessitate 
limiting the grant of a waiver to a product produced at the same plant 
in which the product previously acquired or tested was produced, use 
the provision with its Alternate I; or
    (ii) If the nature of the required product necessitates limiting 
the grant of a waiver to a product produced at the same plant in which 
the product previously acquired or tested was produced, use the 
provision with its Alternate II.
* * * * *
    (r) Insert the provision at 52.214-23, Late Submissions, 
Modifications, and Withdrawals of Technical Proposals under Two-Step 
Sealed Bidding, in solicitations for technical proposals in step one of 
two-step sealed bidding.
* * * * *
    (w) Insert the provision at 52.214-34, Submission of Offers in the 
English Language, in solicitations subject to the Trade Agreements Act 
or the North American Free Trade Agreement Implementation Act (see 
25.408(d)). It may be included in other solicitations when the 
contracting officer decides that it is necessary.
    (x) Insert the provision at 52.214-35, Submission of Offers in U.S. 
Currency, in solicitations subject to the Trade Agreements Act or the 
North American Free Trade Agreement Implementation Act (see 25.408(d)). 
It may be included in other solicitations when the contracting officer 
decides that it is necessary.
    2a. In addition to the amendments set forth above, in section 
14.201-6, remove the words ``The contracting officer shall insert'' and 
add, in their place, the word ``Insert'' in the following places:
    a. The introductory text of paragraphs 14.201-6(b), (c), and (e);
    b. Paragraphs (f), (g)(1), and (h);
    c. Paragraph (i);
    d. Paragraphs (j), (l), (m), and (o)(1);
    e. Paragraph (p)(1); and
    f. Paragraphs (q), (s), (t), (u), and newly redesignated paragraph 
(v).


14.202-7  [Amended]

    3. Amend section 14.202-7 in the introductory text of paragraph (a) 
by removing ``(see 14.201-6(w))'' and adding ``(see 14.201-6(v))'' in 
its place.


14.303  [Amended]

    4. Amend section 14.303 in the fourth sentence of paragraph (a) by 
removing ``14.201-6(w)'' and adding ``14.201-6(v)'' in its place.
    5. Section 14.304, consisting of sections 14.304-1 through 14.304-
4, is revised to read as follows:


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

[[Page 51839]]

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.
    (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.
    6. Amend section 14.503-1 by revising paragraph (h) to read as 
follows:


114.503-1   Step one.

* * * * *
    (h) Late technical proposals are governed by 15.208 (b), (c), and 
(f).
* * * * *

PART 15--CONTRACTING BY NEGOTIATION

    7. Revise section 15.208 to read as follows:


15.208   Submission, modification, revision, and withdrawal of 
proposals.

    (a) Offerors are responsible for submitting proposals, and any 
revisions, and modifications, or withdrawals, so as to reach the 
Government office designated in the solicitation by the time specified 
in the solicitation. Offerors may use any transmission method 
authorized by the solicitation (i.e., regular mail, electronic 
commerce, or facsimile). 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.
    (b)(1) Any proposal, modification, revision, or withdrawal that is 
received at the designated Government office after the exact time 
specified for receipt of proposals is ``late'' and will not be 
considered unless it is received before award is made, the contracting 
officer determines that accepting the late proposal would not unduly 
delay the acquisition; and--
    (i) If it was transmitted through an electronic commerce method 
authorized by the solicitation, 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 proposals; or
    (ii) There is acceptable evidence to establish that it was received 
at the Government installation designated for receipt of proposals and 
was under the Government's control prior to the time set for receipt of 
proposals; or
    (iii) It was the only proposal received.
    (2) However, a late modification of an otherwise successful 
proposal, 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 proposal 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 proposals cannot be received at the 
Government 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, 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.
    (e) Proposals may be withdrawn by written notice at any time before 
award. Oral proposals in response to oral solicitations may be 
withdrawn orally. The contracting officer must document the contract 
file when oral withdrawals are made. One copy of withdrawn proposals 
should be retained in the contract file (see 4.803(a)(10)). Extra 
copies of the withdrawn proposals may be destroyed or returned to the 
offeror at the offerors request. Where practicable, electronically 
transmitted proposals that are withdrawn must be purged from primary 
and backup data storage systems after a copy is made for the file. 
Extremely bulky proposals must only be returned at the offeror's 
request and expense.
    (f) The contracting officer must promptly notify any offeror if its 
proposal, modification, or revision was received late, and must inform 
the offeror whether its proposal will be considered, unless contract 
award is imminent and the notice prescribed in 15.503(b) would suffice.
    (g) Late proposals and modifications that are not considered must 
be held unopened, unless opened for identification, until after award 
and then retained with other unsuccessful proposals.

[[Page 51840]]

    (h) If available, the following must be included in the contracting 
office files for each late proposal, modification, revision, or 
withdrawal:
    (1) The date and hour of receipt.
    (2) A statement regarding whether the proposal was considered for 
award, with supporting rationale.
    (3) The envelope, wrapper, or other evidence of date of receipt.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1009-4  [Amended]

    8. Amend section 22.1009-4 in the first sentence of paragraph (d) 
by removing ``14.304-1'' and adding ``14.304'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    9. Amend section 52.212-1 to revise the date of the provision and 
paragraph (f) to read as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

Instructions to Offerors--Commercial Items (Nov 1999)

* * * * *
    (f) Late submissions, modifications, revisions, and withdrawals 
of offers. (1) Offerors are responsible for submitting offers, and 
any modifications, revisions, or withdrawals, so as to reach the 
Government office designated in the solicitation by the time 
specified in the solicitation. 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 offers or revisions 
are due.
    (2)(i) Any offer, modification, revision, or withdrawal of an 
offer received at the Government office designated in the 
solicitation after the exact time specified for receipt of offers is 
``late'' and will not be considered unless it is received before 
award is made, the Contracting Officer determines that accepting the 
late offer would not unduly delay the acquisition; and--
    (A) If it was transmitted through an electronic commerce method 
authorized by the solicitation, 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 offers; 
or
    (B) There is acceptable evidence to establish that it was 
received at the Government installation designated for receipt of 
offers and was under the Government's control prior to the time set 
for receipt of offers; or
    (C) If this solicitation is a request for proposals, it was the 
only proposal received.
    (ii) However, a late modification of an otherwise successful 
offer, that makes its terms more favorable to the Government, will 
be considered at any time it is received and may be accepted.
    (3) Acceptable evidence to establish the time of receipt at the 
Government installation includes the time/date stamp of that 
installation on the offer wrapper, other documentary evidence of 
receipt maintained by the installation, or oral testimony or 
statements of Government personnel.
    (4) If an emergency or unanticipated event interrupts normal 
Government processes so that offers cannot be received at the 
Government office designated for receipt of offers 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 
offers 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.
    (5) Offers may be withdrawn by written notice received at any 
time before the exact time set for receipt of offers. Oral offers in 
response to oral solicitations may be withdrawn orally. If the 
solicitation authorizes facsimile offers, offers may be withdrawn 
via facsimile received at any time before the exact time set for 
receipt of offers, subject to the conditions specified in the 
solicitation concerning facsimile offers. An offer may be withdrawn 
in person by an offeror or its authorized representative if, before 
the exact time set for receipt of offers, the identity of the person 
requesting withdrawal is established and the person signs a receipt 
for the offer.
* * * * *
    10. Revise section 52.214-7 to read as follows:


52.214-7  Late submissions, modifications, and withdrawals of bids.

    As prescribed in 14.201-6(c)(3), insert the following provision:

Late Submissions, Modifications, and Withdrawals of Bids (Nov 1999)

    (a) Bidders are responsible for submitting bids, and any 
modifications or withdrawals, so as to reach the Government office 
designated in the invitation for bids (IFB) by the time specified in 
the IFB. 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 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 IFB, 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.
    (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.

(End of provision)

    11. Revise section 52.214-23 to read as follows:


52.214-23  Late submissions, modifications, revisions, and withdrawals 
of technical proposals under two-step sealed bidding.

    As prescribed in 14.201-6(r), insert the following provision:

Late Submissions, Modifications, Revisions, and Withdrawals of 
Technical Proposals Under Two-Step Sealed Bidding (Nov 1999)

    (a) Bidders are responsible for submitting technical proposals, 
and any modifications or revisions, so as to reach the Government 
office designated in the request for technical proposals by the time 
specified in the invitation for bids (IFB). 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 or revisions are 
due.
    (b)(1) Any technical proposal under step one of two-step sealed 
bidding or modification, revision, or withdrawal of such proposal 
received at the Government office designated in the request for 
technical proposals after the exact time specified for receipt will 
not be considered unless the Contracting Officer determines that 
accepting the late technical proposal would not unduly delay the 
acquisition; and--
    (i) If it was transmitted through an electronic commerce method 
authorized by the request for technical proposals, it was

[[Page 51841]]

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 proposals; or
    (ii) There is acceptable evidence to establish that it was 
received at the Government installation designated for receipt of 
offers and was under the Government's control prior to the time set 
for receipt; or
    (iii) It is the only proposal received and it is negotiated 
under part 15 of the Federal Acquisition Regulation.
    (2) However, a late modification of an otherwise successful 
proposal 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 technical proposal 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 technical proposals cannot be received 
at the Government office designated for receipt of technical 
proposals by the exact time specified in the request for technical 
proposals, and urgent Government requirements preclude amendment of 
the request for technical proposals, the time specified for receipt 
of technical proposals will be deemed to be extended to the same 
time of day specified in the request for technical proposals on the 
first work day on which normal Government processes resume.
    (e) Technical proposals may be withdrawn by written notice 
received at any time before the exact time set for receipt of 
technical proposals. If the request for technical proposals 
authorizes facsimile technical proposals, they may be withdrawn via 
facsimile received at any time before the exact time set for receipt 
of proposals, subject to the conditions specified in the provision 
at 52.214-31, Facsimile Bids. A technical proposal may be withdrawn 
in person by a bidder or its authorized representative if, before 
the exact time set for receipt of technical proposals, the identity 
of the person requesting withdrawal is established and the person 
signs a receipt for the technical proposal.

(End of provision)


52.214-31   [Amended]

    12. Amend section 52.214-31 in the introductory text of the 
provision by removing ``14.201-6(w)'' and adding ``14.201-6(v)'' in its 
place.


52.214-32 and 52.214-33   [Removed and Reserved]

    13. Remove and reserve sections 52.214-32 and 52.214-33.


52.214-34   [Amended]

    14. Amend section 52.214-34 in the introductory paragraph of the 
provision by removing ``14.201-6(x)'' and adding ``14.201-6(w)'' in its 
place.


52.214-35   [Amended]

    15. Amend section 52.214-35 in the introductory paragraph of the 
provision by removing ``14.201-6(y)'' and adding ``14.201-6(x)'' in its 
place.
    16. Amend section 52.215-1 to revise the date of the provision and 
paragraph (c)(3) to read as follows:


52.215-1   Instructions to Offerors--Competitive Acquisition.

* * * * *

Instructions to Offerors--Competitive Acquisition (Nov 1999)

* * * * *
    (c) * * *
    (3) Submission, modification, revision, and withdrawal of 
proposals. (i) Offerors are responsible for submitting proposals, 
and any modifications, revisions, or withdrawals, so as to reach the 
Government office designated in the solicitation by the time 
specified in the solicitation. 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 proposal or revision 
is due.
    (ii)(A) Any proposal, modification, revision, or withdrawal 
received at the Government office designated in the solicitation 
after the exact time specified for receipt of offers is ``late'' and 
will not be considered unless it is received before award is made, 
the Contracting Officer determines that accepting the late offer 
would not unduly delay the acquisition; and--
    (1) If it was transmitted through an electronic commerce method 
authorized by the solicitation, 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 
proposals; or
    (2) There is acceptable evidence to establish that it was 
received at the Government installation designated for receipt of 
offers and was under the Government's control prior to the time set 
for receipt of offers; or
    (3) It is the only proposal received.
    (B) However, a late modification of an otherwise successful 
proposal that makes its terms more favorable to the Government, will 
be considered at any time it is received and may be accepted.
    (iii) Acceptable evidence to establish the time of receipt at 
the Government installation includes the time/date stamp of that 
installation on the proposal wrapper, other documentary evidence of 
receipt maintained by the installation, or oral testimony or 
statements of Government personnel.
    (iv) 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, 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.
    (v) Proposals may be withdrawn by written notice received at any 
time before award. Oral proposals in response to oral solicitations 
may be withdrawn orally. If the solicitation authorizes facsimile 
proposals, proposals may be withdrawn via facsimile received at any 
time before award, subject to the conditions specified in the 
provision at 52.215-5, Facsimile Proposals. Proposals may be 
withdrawn in person by an offeror or an authorized representative, 
if the identity of the person requesting withdrawal is established 
and the person signs a receipt for the proposal before award.
* * * * *
[FR Doc. 99-24416 Filed 9-23-99; 8:45 am]
BILLING CODE 6820-EP-P