The Court found no emergency existed that interrupted the agency’s ability to receive offers at the required time and location.

The timeliness rules for delivery of proposals are rigidly enforced. The "late is late" rule is rarely overturned in a protest, because it is extremely difficult for offerors to prove the lateness was caused by Government mishandling.

Furthermore, the general rule is that the entire proposal must be received by the Government at the time, date, and location specified in the RFP, not just part of it. If you are delivering a proposal to a location in a different time zone, be sure to adjust your schedule to permit timely delivery.

Also, refer to instructions in the RFP, not FedBizOps or an acquisition website. The RFP is controlling! If the proposal must be delivered electronically, offerors are strongly urged to submit their offers on or before the time and date specified in the RFP to avoid being late and holding the Government accountable for mishandling.

Given all the precious dollars invested in a Bid & Proposal effort, don’t waste them by delivering a proposal late.

Tom Petruska, Owner
Contracts Unlimited, Incorporated

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