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Award after expiration of the offer acceptance period

Offer acceptance period

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#1 Lighthouse

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Posted 07 March 2012 - 02:31 PM

Real life. It shouldn't be, but reality shows it is.

Situation: During review of an RFP, it was discovered the period for acceptance of offers expired and the CS did not ask offerors to extend the period of acceptance for their proposals - - before the time period lasped. The time period for acceptance of offers as stated in the solicitation has come and passed, all offerors proposals show the time for acceptance has lapsed.

There is limited legal precedent on this issue as related to the fact stated above. There were some GAO cases shown, however, this situation did not fall into any of the categories listed. The RFP was not slated to enter into discussions, there was no request for final price revision, in fact, the procurement did not enter this realm. It was at the conclusion of evaluations (during internal review) this issue was discovered.

Has anyone encountered a sitauation like this? What was the remedy?

#2 Vern Edwards

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Posted 07 March 2012 - 02:41 PM

What you say doesn't make sense. During the review of the RFP (Request for Proposals) the period of acceptance expired? The RFP was slated for discussions? Do you mean during the review of proposals? The discussion of proposals? Did you use the term RFP when you should have used the term proposals?

#3 Lighthouse

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Posted 07 March 2012 - 03:19 PM

There was no intention to enter into discussions.

To keep the topic simple, here's a restatment of the issue:

The time period for acceptance of offers as stated in the solicitation has come and passed, all offerors proposals show the time for acceptance has lapsed.

Has anyone encountered a situation like this? What was the remedy?

#4 ji20874

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Posted 07 March 2012 - 04:03 PM

It's simple -- just ask all the offerors if they will extend the validity of their proposals -- maybe some will and some won't -- make award to one of those that do.



#5 Don Mansfield

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Posted 07 March 2012 - 06:00 PM

See Medical Development International, Inc., B-402198.2:

As a general matter, and as noted by the agency, it is not improper for an agency to accept an expired offer without reopening negotiations where acceptance is not prejudicial to the competitive system.






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