Possibility of Misusing Certified Mail To Circumvent Late Bid Procedures

The Defense Acquisition Regulation and the Federal Procurement Regulations require that bids be submitted to procurement offices not later than the exact time set for bid opening. The regulations also provide, however, that a late bid may be considered for a contract award when it is received before the award and when it was sent by registered or certified mail at least 5 days before bid opening. These regulations assert that the only acceptable evidence to establish the date of mailing of a late bid by registered or certified mail is its postal service postmark. It has been alleged that a contract could be obtained improperly by submitting a late, low bid after bid opening through misuse of certified mail which makes it appear that the bid has been mailed before bid opening.