Could we think of a way to improve the wording of our solicitations so that we can reduce the stress of accepting electronic proposals?
On Requests for Proposals (RFP), many of my coworkers are ?terrified? (maybe very cautious?) of allowing electronic submission of proposals because of
a. protest about late delivery, and
b. the matter of not opening proposals until after the solicitation closes.
c. (this concern is mine) The legality of an email as a contractually binding proposal.
The late issue comes into effect because of the problems in determining the location of emails at the time designated in FAR 15.208(b )(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?
As a new intern with less than a year contracting experience, still don?t see all the mines my more experienced buddies are trying to warn me about so, can we think of a way to improve the wording of our solicitations so that we can reduce the stress of accepting electronic proposals?
We usually use wording similar to the following:
1. A complete proposal is due no later than <time and date>. Proposals shall be submitted so that they will be received no later than the exact due time. The Government uses the atomic clock found at http://www.time.gov to determine the closing time of the solicitation. It is the responsibility of the offeror to ensure that its proposal reaches the <Agency> in a timely manner. A late proposal will not be accepted, except as set forth in FAR 15.208, and will be retained in the file unopened.
2. Proposals may be delivered by mail, special delivery, email, or in person. Facsimile (fax) submission of proposals is not acceptable.
3. Proposals delivered by email must arrive no later than <time and date> at either one of the following inboxes (we encourage including both mailboxes in the email):
a. Name1, <Name1@us.army.mil>, and/or
b. Name2, <Name2@us.army.mil>
4. Proposals sent through the United States Postal Service via Express Mail or Priority Mail may require additional days for delivery.
5. Include the solicitation number, closing date, and closing time on the outside of the sealed envelope.
7. If delivering in person or by mail, deliver to:
Agency
Attn: Name1
Address
City, XX Zip Code
8. The offeror is responsible to ensure that all parts of the proposal are submitted as requested. Failure to comply with the requirements of the solicitation may result in the rejection of the proposal.
9. It is the responsibility of the offeror to ensure that its proposal reaches <Agency> in a timely manner.
a. The offeror shall submit its proposal to be received by the Government no later than the date and time stated on Standard Form 1449 or applicable amendment(s) to the solicitation. Please note that the computer program used to generate the Standard Form 1449 does not allow completion of block 8 with the appropriate local time. Block 8 shall read as if completed with the following: <time and date>.
b. PROPOSAL ACCEPTANCE PERIOD. The offeror agrees to hold the prices in its proposal firm for XX days from the date specified for receipt of proposals or, if requested, from the data specified for receipt of final proposal revisions.
Thanks in advance for your input.
Dan