3222 LATE BIDS, LATE MODIFICATIONS, AND LATE WITHDRAWALS

3222.1 Offerors shall submit bids, and any modifications, so that they will reach the University Office of Procurement, or other office designated in the IFB for receipt of bids, before the deadline date and time set forth in §3222.2.3222.2 Unless the invitation for bids states another specific time, bids are due in the University Office of Procurement, or other place designated in the IFB for receipt of bids, no later than 2:00 p .m. on the date bids are due.3222.3 Any bid received at the place designated in the IFB after the deadline date and time set for receipt of bids shall be considered a 'late' bid unless it is received prior to the contract award and either of the following applies:- (a) The bid was sent by registered or certified mail not later than five (5) calendar days before the bid receipt deadline date specified; or

- (b) The bid was sent by mail (or telegram or FAX if authorized) and the contracting officer determines that the late receipt was due solely to mishandling by the University after receipt at the location specified in the IFB.3222.4 Any request for withdrawal or request for modification received after the deadline date and time set for receipt of bids at the place designated for receipt of bids shall be considered late.3222.5 The following information shall, if available, be included in the University files with respect to each late bid, late modification of a bid, or late withdrawal of bid:- (a) A statement of the date and hour of mailing, filing, or delivery;

- (b) A statement of the date and hour of receipt;

- (c) A written determination, with supporting facts, why the late bid, late modification, or late withdrawal was or was not considered;

- (d) A statement of the disposition of the late action; and

- (e) The envelope, or other covering, if the late bid or modification was considered.3222.6 The only acceptable evidence to establish the date of a late bid, late modification, or late withdrawal sent either by registered or certified mail shall be U. S. or Canadian Postal Service postmark on the wrapper or on the original receipt if from the U. S. or Canadian Postal Service. If neither postmark shows a legible date, the bid, modification, or withdrawal shall be deemed to have been mailed late. When the postmark shows the date but not the hour, the time is presumed to be the last minute on the date shown. If no date is shown in the postmark, the bid shall be considered late unless the bidder can furnish evidence from the postal authorities of timely mailing.3222.7 A late bid, a late request for modification of a bid, or a late request for withdrawal of a bid shall not be considered, except as provided otherwise in this section.3222.8 A late modification of a successful bid which makes its terms more favorable to the University shall be considered at any time it is received and may be accepted.3222.9 A late bid, late modification of bid, or late withdrawal of bid that is not considered for award

shall be held unopened, unless opened for identification, until after award and then it shall be retained with unsuccessful bids.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).