Award after expiration of the offer acceptance periodOffer acceptance period
Posted 07 March 2012 - 02:31 PM
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?
Posted 07 March 2012 - 02:41 PM
Posted 07 March 2012 - 03:19 PM
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?
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.
Posted 07 March 2012 - 06:00 PM
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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