3308.1 Offerors shall submit proposals, and any modifications, so that they will reach the University Office of Procurement, or other office designated for receipt of proposals in the solicitation, before the time set forth in §3308.2.

3308.2 Unless a solicitation states another specific time, proposals are due in the University Office of Procurement, or other place designated in the RFP for receipt of proposals, no later than 2:00 p.m. on the date proposals are due.

3308.3 Any proposal received at the place designated in the solicitation after the time and date set for receipt of proposals shall be considered a "late" proposal unless it was received prior to the contract award and either of the following applies:

(a) The proposal or modification was sent by registered or certified mail not later than the fifth (5th) calendar day before the date specified for receipt of proposals;

(b) The proposal or modification of proposal was sent by mail and it is determined by the contracting officer that the late receipt at the location specified in the RFP was caused by mishandling by the University after receipt; or

(c) The proposal is the only proposal received.

3308.4 The only acceptable evidence to establish the date of a late proposal, late modification, or late withdrawal sent either by registered or certified mail shall be a U. S. or Canadian Postal Service postmark on the wrapper or on the original receipt from the U.S. or Canadian Postal Service. If neither postmark shows a legible date, the proposal, modification, or withdrawal shall be deemed to have been mailed late. If the postmark shows the date but not the hour, the time is presumed to be the last minute of the date shown. If no date is shown in the postmark, the proposal shall be considered late unless the offeror can furnish evidence from postal authorities of timely mailing.

3308.5 Any request for withdrawal or request for modification received after the time and date set for submission of proposals at the place designated for submission of proposals shall be considered "late."

3308.6 A late proposal, late request for modification, or late request for withdrawal shall not be considered, except as provided in this section.

3308.7 A late modification of a successful proposal which makes its terms more favorable to the University shall be considered at any time it is received and may be accepted.

3308.8 A late proposal, late modification of proposal, or late withdrawal of proposal that is not considered shall be held unopened, unless opened for purposes of identification, until after award. The proposal shall then be retained with unsuccessful proposals.

3308.9 The following information shall, if available, be included in the contract office files with respect to each late proposal, late modification of proposal, or late withdrawal of proposal:

(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 proposal or modification was or was not considered for award;

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

(e) The envelope, or other covering, if the late proposal or modification was considered for award.

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