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Chapter 4: Methods of Selection <br />hnp:!~w~+titi.fta.dot.go~~~fta'librarv~admin!I3PPman~scct 40.htm <br />amendment to the solicitation. If you have already received offers in your bid room, it is recommended <br />that you notify the offeror of the amendment to inquire if they want their offer returned.39 <br />There are special rules regarding solicitation amendments that incorporate revisions or modifications of <br />Davis-Bacon Act wage determinations. These rules are discussed in detail in Section 8.1.3. <br />If, because of schedule distress, you proceed with the procurement without a necessary amendment, <br />adverse consequence are likely when the change is brought forward with the ultimate contractor and the <br />contract must be modified.40 It is even possible that the change would constitute a cardinal change if <br />attempted after award, and would require a new competition; in this case you have little choice but to <br />amend and postpone. <br />4.3.3 Common Elements of Of~'ers <br />4.3.3.1 Receipt of Offers <br />DISCUSSION <br />The culmination of your solicitation process is the receipt of bids or proposats. Regardless of the <br />method used, great importance is attached to the time of receipt. Preparations are made to ensure <br />that offers are not delayed and are properly recorded. Your solicitation may contain a checklist of <br />items to be submitted with the offers, and the individual submittats arc discussed in the following <br />sections. <br />Best Practices <br />Timeliness - 41 Why do you care if a bid or offer is late or not? If the price is the lowest or the best <br />response of the group, what difference does it make if it was received Qn time or not? The rationale for <br />having rules against considering late bids or offers is tied to the importance of maintaining the integrity of <br />the competitive procurement process and that this outweighs the possibility of any savings the public <br />entity might realize in a particular procurement by cansidering a late offer. <br />Unfortunately, late offers are such a common problem that language has been developed to address what <br />rules would be followed if an offer is received late.42 That langu$ge is typically included in the solicitation <br />so that offerflrs know ahead of time what the consequences will be if their offer is received late at the <br />place designated for receipt. A solicitation provision, and the exptanatory n~les relating to the provision, <br />generally include some or all of the following: <br />What are the consequences of an offer that is received after the e~eact timc specified for <br />receipt? Generally, the offer will not be considered at a11.43 You may want to carve out exceptions <br />to this absolute rule, and some witl be suggested below. These exceptions consist generally of the <br />sets of circumstances which you can det~rnune in advance and`set out in your solicitation which, <br />when proven within a specified time by the offeror, would demonstrate that the delay was due <br />solely to some independenf event or action, such as the documenteti faiture of a registered delivery <br />service. If the offer is received after the contract is awarded, there are generatly no exceptions. <br />That offer will not be considered af a1L <br />2. If you decide to allow considet~tian of "fate" ot'f'ers, under whaf conditions will you consider <br />them? <br />Z2 of 45 <br />01 / 10/97 13:09:36 <br />