[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31619-31620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14520]
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DEPARTMENT OF DEFENSE
48 CFR Parts 14, 15, and 52
[FAC 90-39; FAR Case 91-095; Item V]
RIN 9000-AF48
Federal Acquisition Regulation; Postponement of Bid Openings or
Closing Dates
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to clarify the time for
receipt of bids or proposals when an emergency or unanticipated event
interrupts normal processes at a Government installation on the date
scheduled for receipt of bids or proposals. This regulatory action was
not subject to Office of Management and Budget review under Executive
Order 12866, dated September 30, 1993, and is not a major rule under 5
U.S.C. 804.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano at (202) 501-1758
in reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-39, FAR case 91-095.
SUPPLEMENTARY INFORMATION:
A. Background
A proposed rule was published in the Federal Register on November
9, 1993 (58 FR 59618). The proposed rule amended FAR 14.402-3, 15.411,
15.412, 52.214-7, and 52.215-10 to clarify policy regarding
rescheduling of the time for receipt of bids or proposals when an
emergency or unanticipated event interrupts normal Government processes
and urgent requirements do not allow time to formally extend the bid
opening or solicitation closing date. One substantive comment was
received in response to the proposed rule. After evaluation of this
comment, the Councils agreed to finalize the amendments in the proposed
rule and to make similar clarifying amendments at FAR 52.214-23,
52.214-32, 52.214-33, and 52.215-36.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because it merely clarifies policy regarding rescheduling
of bid opening/solicitation closing dates when an emergency or
unanticipated event occurs. No comments were received on the impact of
this rule on small entities during the public comment period.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 14, 15, and 52
Government procurement.
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 14, 15, and 52 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 14, 15, and 52 continues
to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 14--SEALED BIDDING
2. Section 14.402-3 is amended by revising paragraph (c) to read as
follows:
14.402-3 Postponement of openings.
* * * * *
(c) In the case of paragraph (a)(2) of this section, and when
urgent Government requirements preclude amendment of the solicitation
as prescribed in 14.208, the time specified for opening of bids will be
deemed to be extended to the same time of day specified in the
solicitation on the first work day on which normal Government processes
resume. In such cases, the time of actual bid opening shall be deemed
to be the time set for bid opening for the purpose of determining
``late bids'' under 14.304. A note should be made on the abstract of
bids or otherwise added to the file explaining the circumstances of the
postponement.
PART 15--CONTRACTING BY NEGOTIATION
3. Section 15.411 is amended by revising paragraph (a) to read as
follows:
15.411 Receipt of proposals and quotations.
(a) The procedures for receipt and handling of proposals and
quotations should be similar to those prescribed in 14.401. Proposals
and quotations shall be marked with the date and time of receipt.
* * * * *
4. Section 15.412 is amended by revising paragraph (b) to read as
follows:
15.412 Late proposals, modifications, and withdrawals of proposals.
* * * * *
(b) Offerors are responsible for submitting offers, and any
modifications to them, so as to reach the Government office designated
in the solicitation on time. If an emergency or unanticipated event
interrupts normal Government processes so that proposals cannot be
received at the office designated for receipt of proposals by the exact
time specified in the solicitation, and urgent Government requirements
preclude amendment of the solicitation closing date as usually
prescribed by 15.410, the
[[Page 31620]]
time specified for receipt of proposals will be deemed to be extended
to the same time of day specified in the solicitation on the first work
day on which normal Government processes resume. If no time is
specified in the solicitation, the time for receipt is 4:30 p.m., local
time, for the designated Government office on the date that proposals
are due.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Section 52.214-7 is amended in the provision by revising the
date in the heading and adding paragraph (h) to read as follows:
52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (Aug 1996)
* * * * *
(h) If an emergency or unanticipated event interrupts normal
Government processes so as to cause postponement of the scheduled
bid opening, and urgent Government requirements preclude amendment
of the solicitation or other notice of an extension of the opening
date, the time specified for receipt of bids will be deemed to be
extended to the same time of day specified in the solicitation on
the first work day on which normal Government processes resume.
(End of provision)
6. Section 52.214-23 is amended in the provision by revising the
date in the heading and adding paragraph (g) to read as follows:
52.214-23 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding.
* * * * *
Late Submissions, Modifications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (Aug 1996)
* * * * *
(g) If an emergency or unanticipated event interrupts normal
Government processes so that technical proposals cannot be received
at the office designated for receipt of technical proposals by the
exact time specified in the solicitation, and urgent Government
requirements preclude amendment of the solicitation or other notice
of an extension of the closing date, the time specified for receipt
of technical proposals will be deemed to be extended to the same
time of day specified in the solicitation on the first work day on
which normal Government processes resume. If no time is specified in
the solicitation, the time for receipt is 4:30 p.m., local time, for
the designated Government office.
(End of provision)
7. Section 52.214-32 is amended in the provision by revising the
date in the heading and adding paragraph (f) to read as follows:
52.214-32 Late Submissions, Modifications, and Withdrawals of Bids
(Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Bids (Overseas)
(Aug 1996)
* * * * *
(f) If an emergency or unanticipated event interrupts normal
Government processes so as to cause postponement of the scheduled
bid opening, and urgent Government requirements preclude amendment
of the solicitation or other notice of an extension of the opening
date, the time specified for receipt of bids will be deemed to be
extended to the same time of day specified in the solicitation on
the first work day on which normal Government processes resume.
(End of provision)
8. Section 52.214-33 is amended in the provision by revising the
date in the heading and adding paragraph (e) to read as follows:
52.214-33 Late Submissions, Modifications, and Withdrawals of
Technical Proposals Under Two-Step Sealed Bidding (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Technical Proposals
Under Two-Step Sealed Bidding (Overseas) (Aug 1996)
* * * * *
(e) If an emergency or unanticipated event interrupts normal
Government processes so that technical proposals cannot be received
at the office designated for receipt of technical proposals by the
exact time specified in the solicitation, and urgent Government
requirements preclude amendment of the solicitation or other notice
of an extension of the closing date, the time specified for receipt
of technical proposals will be deemed to be extended to the same
time of day specified in the solicitation on the first work day on
which normal Government processes resume. If no time is specified in
the solicitation, the time for receipt is 4:30 p.m., local time, for
the designated Government office.
(End of provision)
9. Section 52.215-10 is amended by revising the date in the heading
of the provision, and adding paragraph (i) to read as follows:
52.215-10 Late Submissions, Modifications, and Withdrawals of
Proposals.
* * * * *
Late Submissions, Modifications, and Withdrawals of Proposals (Aug
1996)
* * * * *
(i) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the
office designated for receipt of proposals by the exact time
specified in the solicitation, and urgent Government requirements
preclude amendment of the solicitation or other notice of an
extension of the closing date, the time specified for receipt of
proposals will be deemed to be extended to the same time of day
specified in the solicitation on the first work day on which normal
Government processes resume. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the
designated Government office.
(End of provision)
10. Section 52.215-36 is amended by revising the date in the
heading of the provision, and adding paragraph (g) to read as follows:
52.215-36 Late Submissions, Modifications, and Withdrawals of
Proposals (Overseas).
* * * * *
Late Submissions, Modifications, and Withdrawals of Proposals
(Overseas) (Aug 1996)
* * * * *
(g) If an emergency or unanticipated event interrupts normal
Government processes so that proposals cannot be received at the
office designated for receipt of proposals by the exact time
specified in the solicitation, and urgent Government requirements
preclude amendment of the solicitation or other notice of an
extension of the closing date, the time specified for receipt of
proposals will be deemed to be extended to the same time of day
specified in the solicitation on the first work day on which normal
Government processes resume. If no time is specified in the
solicitation, the time for receipt is 4:30 p.m., local time, for the
designated Government office.
(End of provision)
[FR Doc. 96-14520 Filed 6-19-96; 8:45 am]
BILLING CODE 6820-EP-P
