Demolition/Abatement Constracts (Folders 1-2)

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Chapter 4: Methods of Selcction http:/iw~x~~.fta.dot.go~~fta7ibrandadminBPPman,~scct 40.htm o Will you consider offers that are hand-delivered late? It is the responsibility of the offeror to make sure its offer is at the place designated in the solicitation by the time indicated. If it chooses to use a delivery/courier service or deliver its offer in person, it must allow sufficient lead time to get it there on time. Normally, such excuses as "I was in an accident", "The traffic was heavier than usual", or "I couldn't find a place to park" are not acceptable to excuse a late hand-delivered offer. If, however, the reason the proposal is late is because of problems at your agency (e.g., your security guard directed the courier to the wrong room) you may want to consider those excuses -- in effect, you (the agency) were the reason the offer was late. o Will you consider offers thttt were mailed but not received until after the time and date set? It is not unusual to consider mailed offers if certain facts can be established. If they were sent by registered or certified rnail five calendar days (or some greater or lesser number of days) prior to the date specified for receipt of offers, they will be considered if the postmark on both the envelope or offer wrapper and the original receipt clearly establishes the offer was mailed before the five day window. If you want to allow this exception, a provision which clearly and unambiguously establishes the rules which will be acceptable to you will save extended argument and resentment in the inevitable test cases. o Will you consider an offer that was mailed (not registered or certified) but you are able to ascertain that it was mishandled in the mailroom? It was properly addressed and, in the normal course of business at your agency, should have been delivered to your bid room on time. However, it was sent to the wrong department or fell behind a desk in the mailroom. Again, if you can establish it was received in your agency prior to the time and date set for receipt but didn't get to you until "late", your policy might want to allow consideration of that offer. If so, spelling that exception out in your solicitation clause avoids many questions. o Will you consider offers that were sent via an "overnight" service? If so, which service(s) will you consider? It is not unusual to limit the service to the U.S. Postal Service Express Mail Next Day Service and, even in that limited situation, the package must be dispatched by 5:00 p.m. at the place of maiting two working days prior to the date set for receipt of offers. If you include Federal Express and other reliable overnight courier services, be sure you spell out exactly what service(s) you will allow. o As a result of an increase in procurements being conducted via electronic commerce, rules have been developed addressing late offers received through that medium. Generally, the offer must have been received by the contracting agency no later than 5:00 p.m. one working day prior to date specified for receipt of offers. If you are into electronic commerce procurements, you need to consider the consequences of late offers through that medium as we1L ~ "I've got this great policy patterned after the FAR clauses on consideration of late offers and here it is, a day after I opened bids and another bid comes to my of~ice through the mail. What do I do?" If it was mailed "regular" first class mail, you normally would retain the bid, unopened, and advise the offeror that its bid was received late and will not be considered. If the envelope or wrapping indicates it was mailed registered or certified (the clause may have been complied with), you need to notify the bidder that its bid was received late and will not be opened unless, by a reasonable date established in your notification, it ~an furnish you with the original post office receipt establishing compliance with the exceptions you have adopted in your provision. 3 of 45 O l/ 10/97 13:09:36