Sealed Bidding

[Don Mansfield]

Does anyone know of a rule that states that the deadline for receipt of bids has to be the time set for bid opening? For example, could an agency state in its solicitation that the deadline for receipt of bids is at 2:00pm and the bid opening will take place at 3:00pm? I don't see anything in the FAR that states that these times have to be the same. Formation of Government Contracts states that a bid may be submitted up to, or simultaneously with, the time the bid opening officer announces that the time for bid opening has arrived (p. 525). However, in the cases cited to support that statement, the agency had stated that the bid opening time was the deadline for receipt of bids in its solicitation.

[Navy_Contracting_4]

Does anyone know of a rule that states that the deadline for receipt of bids has to be the time set for bid opening? For example, could an agency state in its solicitation that the deadline for receipt of bids is at 2:00pm and the bid opening will take place at 3:00pm? I don't see anything in the FAR that states that these times have to be the same. Formation of Government Contracts states that a bid may be submitted up to, or simultaneously with, the time the bid opening officer announces that the time for bid opening has arrived (p. 525). However, in the cases cited to support that statement, the agency had stated that the bid opening time was the deadline for receipt of bids in its solicitation.

Don,

I infer from a couple of FAR references that the time specified for receipt of bids (which is required by FAR 14.201-2(a) to be included on the first page of every IFB) may be earlier than the time for bid opening (which is required by FAR 14.201-5( to be included in Section L). If the two had to be the same, I don't think there would be two different places in the IFB for these times to be addressed. I see no reason why an agency couldn't state in its solicitation that the deadline for receipt of bids is at 2:00pm and the bid opening will take place at 3:00pm.

[Guest Vern Edwards]

It is clear to me that the deadline for receipt of bids and the date and time of bid opening are ordinarily expected to be the same. See FAR 14.302(a):

(a) Bids shall be submitted so that they will be received in the office designated in the invitation for bids (referred to in paragraphs ( and © of this section as the ?designated office?) not later than the exact time set for opening of bids.

See also FAR 14.402-3, Postponement of openings:

(a) A bid opening may be postponed even after the time scheduled for bid opening (but otherwise in accordance with 14.208) when?(1) The contracting officer has reason to believe that the bids of an important segment of bidders have been delayed in the mails, or in the communications system specified for transmission of bids, for causes beyond their control and without their fault or negligence (e.g., flood, fire, accident, weather conditions, strikes, or Government equipment blackout or malfunction when bids are due); or (2) Emergency or unanticipated events interrupt normal governmental processes so that the conduct of bid opening as scheduled is impractical.

Traditionally, the deadline and the time of opening have been the same. However, I have seen nothing in FAR or in GAO decisions that expressly requires that they be the same.