[Comments on Proposed FAR Amendment]
Highlights
GAO commented on a proposed amendment to the Federal Acquisition Regulation (FAR) which would: (1) correct the current late-bid rules concerning mailing date evidentiary standards; (2) provide separate late-bid rules for express mail and bids outside the United States and Canada; and (3) allow contracting officers to permit use of facsimile equipment for bid submissions, acknowledgements, modifications, and withdrawals. GAO had no objection to the amendment.
B-217933.2, Sep 28, 1988, Office of General Counsel
PROCUREMENT - Sealed Bidding - Federal procurement regulations/laws - Amendments - Bids - Submission DIGEST: General Accounting Office favors the proposed changes to Federal Acquisition Regulation (FAR) Parts 2, 14, 15, and 52 which (1) require that before a late bid sent by certified or registered mail 5 days before bid opening may be considered for award, the date the bid was mailed must be established by a postmark on both the envelope and the sender's receipt; (2) provide for a 2-day late bid rule for bids mailed by U.S. Postal Service Express mail Next Day Service; (3) provide separate late bid rules for bids outside the U.S. and Canada; (4) allow contracting officers the option of permitting the use of facsimile equipment for the submission of bids, acknowledgments, modifications or withdrawals; and makes corresponding changes pertinent to contracting by negotiation.
Ms. Margaret A. Willis
FAR Secretariat
General Services Administration:
This responds to your request dated August 22, 1988, for our comments on a proposal to amend Federal Acquisition Regulation (FAR) Parts 2, 14, 15, and 52 with respect to late bids and proposals and facsimile bids and proposals. This is FAR Case No. 85-16.
The proposed amendment would correct the current late bid rules concerning evidence acceptable to establish the mailing date for bids, modifications or withdrawals sent by registered mail, provide a 2-day late bid rule for bids sent by United States Postal Service Express Mail Next Day Service, provide separate late bid rules for bids outside the United States and Canada and allow contracting officers the option of permitting use of facsimile equipment for the submission of bids, acknowledgments, modifications and withdrawals. The amendment would also make corresponding changes pertinent to contracting by negotiation.
We have in the past favorably recommended proposals to correct the evidentiary standard to establish the mailing date in late bid cases and to provide a separate late bid rule for Express Mail. We are pleased that our suggestions have been adopted and we endorse those proposed changes. We also favor the remaining changes in FAR Case No. 85-16.