FAR 14.304—Submission, modification, and withdrawal of bids.
Plain-English Summary
FAR 14.304 governs how bids, bid modifications, and bid withdrawals are submitted, when they are considered timely, and what happens when they are late. It addresses the bidder’s responsibility to get the bid to the exact Government office by the exact time stated in the invitation for bids (IFB), the limited circumstances in which late bids or late modifications may still be considered, and the special rule allowing a late modification that makes an otherwise successful bid more favorable to the Government. It also explains what counts as acceptable evidence of receipt, how emergencies or interruptions to Government operations affect the bid opening time, and how bids may be withdrawn before opening by written notice, facsimile, or in person under specified conditions. Finally, it requires the contracting officer to notify bidders about late receipt, directs how unopened late bids and bid bonds are handled, and requires documentation in the contract file. In practice, this section protects the integrity of sealed bidding by enforcing strict deadlines while preserving narrow exceptions for fairness, Government control, and operational disruptions.
Key Rules
Bidder bears delivery risk
The bidder is responsible for ensuring the bid, any modification, or any withdrawal reaches the designated Government office by the exact time in the IFB. If the IFB does not state a time, the default deadline is 4:30 p.m. local time for the designated office on the due date.
Late bids are generally rejected
A bid, modification, or withdrawal received after the exact deadline is late and normally will not be considered. It may be considered only if it is received before award, the contracting officer determines acceptance will not unduly delay the acquisition, and one of the specified late-receipt conditions is met.
Electronic commerce exception
For bids sent by an authorized electronic commerce method, the late submission may be considered only if it reached the Government’s initial point of entry no later than 5:00 p.m. one working day before the bid due date. This rule is intended to account for transmission delays outside the bidder’s control.
Government-control exception
A late bid, modification, or withdrawal may also be considered if there is acceptable evidence that it was received at the designated Government installation and was under Government control before the deadline. This focuses on actual receipt at the installation, not merely mailing or transmission.
Favorable late modification rule
A late modification to an otherwise successful bid that makes the bid more favorable to the Government may be considered at any time it is received and may be accepted. This is a narrow exception that benefits the Government and does not apply to unfavorable changes.
Proof of receipt matters
Acceptable evidence of receipt can include the installation’s time/date stamp on the bid wrapper, other documentary evidence maintained by the installation, or oral testimony or statements from Government personnel. The Government must be able to substantiate when the item arrived.
Emergency interruptions extend opening
If an emergency or unanticipated event interrupts normal Government processes so bids cannot be received at the designated office on time, and urgent needs prevent amending the opening date, the deadline is extended to the same time on the first workday when normal processes resume.
Withdrawal before opening
Bids may be withdrawn before the exact opening time by written notice, by facsimile if the IFB authorizes facsimile bids and the facsimile-bid conditions are met, or in person if the requester’s identity is verified and a receipt is signed. Electronically transmitted bids must not be viewed upon withdrawal and should be purged where practicable.
Late notice and file documentation
The contracting officer must promptly tell a bidder when its bid, modification, or withdrawal was late and whether it will be considered, unless award is imminent and the notice rules for bid opening would suffice. Late items not considered must be held unopened until after award, then retained with unsuccessful bids, while any bid bond or guarantee must be returned. The file should include the receipt date and time, the rationale for consideration or rejection, and the envelope or other evidence of receipt if available.
Responsibilities
Bidder
Submit the bid, any modification, or any withdrawal so it reaches the designated Government office by the exact time in the IFB. Use only transmission methods authorized by the IFB, and bear the risk of delay, misrouting, or late arrival.
Contracting Officer
Determine whether a late bid, modification, or withdrawal may be considered under the limited exceptions, including whether acceptance would unduly delay the acquisition. Promptly notify bidders of late receipt and whether the submission will be considered, and ensure late items and supporting evidence are properly handled and documented in the contract file.
Government installation receiving bids
Record and preserve evidence of receipt, such as time/date stamps or other documentary evidence, and maintain control of received bids and related materials. If a bid is withdrawn, ensure electronically transmitted data is not viewed and is purged where practicable.
Government personnel
Provide reliable evidence or testimony regarding receipt when needed to establish whether a bid, modification, or withdrawal arrived on time and was under Government control before the deadline.
Agency/receiving office
Maintain normal bid-receipt processes, safeguard bids until opening, and respond appropriately when an emergency or unanticipated event interrupts operations by extending the deadline as required if bid opening cannot be amended in time.
Practical Implications
This section is one of the strictest parts of sealed bidding: a bidder can do everything right commercially and still lose if the submission does not arrive on time at the exact designated office.
Contractors should not rely on mailing date, courier pickup time, or internal company dispatch time; the controlling event is receipt by the Government office or initial point of entry for authorized electronic submissions.
Late bid rules are narrow and evidence-driven, so both bidders and contracting offices should preserve timestamps, envelopes, system logs, and other proof of receipt.
A late modification can help only if it makes an otherwise successful bid more favorable to the Government; bidders cannot use this rule to fix unfavorable terms or improve a losing bid after the deadline.
Contracting officers should document every late-receipt decision carefully, because the file must show the receipt time, the rationale for acceptance or rejection, and the supporting evidence if available.
Official Regulatory Text
(a) Bidders are responsible for submitting bids, and any modifications or withdrawals, so as to reach the Government office designated in the invitation for bid (IFB) by the time specified in the IFB. They may use any transmission method authorized by the IFB (i.e.,regular mail, electronic commerce, or facsimile). If no time is specified in the IFB, the time for receipt is 4:30 p.m., local time, for the designated Government office on the date that bids are due. (b) (1) Any bid, modification, or withdrawal of a bid received at the Government office designated in the IFB after the exact time specified for receipt of bids is "late" and will not be considered unless it is received before award is made, the contracting officer determines that accepting the late bid would not unduly delay the acquisition; and- (i) If it was transmitted through an electronic commerce method authorized by the IFB, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. oneworking day prior to the date specified for receipt of bids; or (ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of bids and was under the Government’s control prior to the time set for receipt of bids. (2) However, a late modification of an otherwise successful bid, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted. (c) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the bid wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel. (d) If an emergency or unanticipated event interrupts normal Government processes so that bids cannot be received at the Government office designated for receipt of bids by the exact time specified in the IFB, and urgent Government requirements preclude amendment of the bid opening date, the time specified for receipt of bids will be deemed to be extended to the same time of day specified in the IFB on the first work day on which normal Government processes resume. (e) Bids may be withdrawn by written notice received at any time before the exact time set for receipt of bids. If the IFB authorizes facsimile bids, bids may be withdrawn via facsimile received at any time before the exact time set for receipt of bids, subject to the conditions specified in the provision at 52.214-31 , Facsimile Bids. A bid may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of bids, the identity of the person requesting withdrawal is established and the person signs a receipt for the bid. Upon withdrawal of an electronically transmitted bid, the data received must not be viewed and, where practicable, must be purged from primary and backup data storage systems. (f) The contracting officer must promptly notify any bidder if its bid, modification, or withdrawal was received late, and must inform the bidder whether its bid will be considered, unless contract award is imminent and the notices prescribed in 14.409 would suffice. (g) Late bids and modifications that are not considered must be held unopened, unless opened for identification, until after award and then retained with other unsuccessful bids. However, any bid bond or guarantee must be returned. (h) If available, the following must be included in the contract files for each late bid, modification, or withdrawal: (1) The date and hour of receipt. (2) A statement, with supporting rationale, regarding whether the bid was considered for award. (3) The envelope, wrapper, or other evidence of the date of receipt.