B-217933, JUL 26, 1985, OFFICE OF GENERAL COUNSEL

B-217933: Jul 26, 1985

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THE DATE THE BID WAS MAILED MUST BE ESTABLISHED BY A POSTMARK ON BOTH THE ENVELOPE AND THE SENDER'S RECEIPT. THIS IS FAR CASE NO. 85-16. THE PROPOSED CHANGE WOULD REQUIRE THAT BEFORE A LATE BID THAT WAS SENT BY CERTIFIED OR REGISTERED MAIL 5 DAYS BEFORE BID OPENING COULD BE CONSIDERED FOR AWARD. THE DATE THE BID WAS MAILED MUST HAVE BEEN ESTABLISHED BY A POSTMARK ON BOTH THE ENVELOPE AND THE SENDER'S RECEIPT. A COPY OF OUR PREVIOUS LETTER IS ENCLOSED.

B-217933, JUL 26, 1985, OFFICE OF GENERAL COUNSEL

FEDERAL ACQUISITION REGULATION - PROPOSED REVISION DIGEST: GAO FAVORS PROPOSED CHANGES TO FEDERAL ACQUISITION REGULATION SECS. 14.304-1 AND 52.214-7 TO 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.

MR. ROGER M. SCHWARTZ: DIRECTOR, FAR SECRETARIAT GENERAL SERVICES ADMINISTRATION WASHINGTON, D.C. 20405

WE REFER TO YOUR LETTER OF MARCH 25, 1985, REQUESTING OUR COMMENTS ON A PROPOSAL TO CHANGE FEDERAL ACQUISITION REGULATION (FAR) SEC. 14.304 1 AND THE CLAUSE APPEARING AT FAR SEC. 52.214-7, BOTH OF WHICH SPECIFY THE EVIDENCE REQUIRED TO ESTABLISH THE DATE OF MAILING OF A LATE BID. THIS IS FAR CASE NO. 85-16. THE PROPOSED CHANGE WOULD REQUIRE THAT BEFORE A LATE BID THAT WAS SENT BY CERTIFIED OR REGISTERED MAIL 5 DAYS BEFORE BID OPENING COULD BE CONSIDERED FOR AWARD, THE DATE THE BID WAS MAILED MUST HAVE BEEN ESTABLISHED BY A POSTMARK ON BOTH THE ENVELOPE AND THE SENDER'S RECEIPT.

WE WROTE TO YOU ON JUNE 27, 1984 (B-213515) TO EXPRESS OUR CONCERN THAT THE LESSER EVIDENTIARY STANDARD CURRENTLY IN THE FAR LEAVES OPEN THE POSSIBILITY FOR BIDDERS TO MANIPULATE THE SYSTEM TO THEIR OWN ADVANTAGE. A COPY OF OUR PREVIOUS LETTER IS ENCLOSED. WE BELIEVE THE PROPOSED CHANGE ADEQUATELY ADDRESSES OUR CONCERN AND WE URGE THAT IT BE ADOPTED.

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