FAR 52.214-23—Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding.
Plain-English Summary
FAR 52.214-23 is the two-step sealed bidding provision that governs when technical proposals may be submitted, modified, revised, withdrawn, or rejected as late during step one of the process. It tells bidders that they are responsible for getting technical proposals to the exact place and time stated in the request for technical proposals, and it establishes the default receipt time if the IFB does not specify one. The provision also explains the limited circumstances in which a late technical proposal may still be considered, including certain electronic submissions, proof that the proposal was already under Government control before the deadline, or the unusual case where it is the only proposal and the procurement is converted to negotiation under FAR part 15. It separately allows a late modification that makes an otherwise successful proposal more favorable to the Government to be considered at any time. The clause also defines what counts as acceptable evidence of receipt, provides a rule for emergencies or unanticipated events that interrupt normal Government processes, and sets out how a bidder may withdraw a technical proposal before the deadline, including by written notice, authorized facsimile, or in-person withdrawal with identity verification. In practice, this provision is critical because step-one technical proposals are the gatekeeper to step-two bidding; missing the deadline or failing to document timely receipt can eliminate a bidder from the competition.
Key Rules
Bidders bear timeliness risk
The bidder is responsible for ensuring the technical proposal, and any modification, revision, or withdrawal notice, reaches the designated Government office by the exact time stated in the request for technical proposals. If the IFB does not state a time, the default deadline is 4:30 p.m. local time at the designated office on the due date.
Late proposals are generally excluded
A technical proposal received after the exact deadline will not be considered unless the Contracting Officer determines that accepting it would not unduly delay the acquisition and one of the listed exceptions applies. The rule is strict because step-one submissions must be evaluated on a common, fair deadline.
Limited exceptions for late receipt
A late proposal may be considered if it was sent by an authorized electronic commerce method and reached the Government’s initial point of entry by 5:00 p.m. one working day before the due date, if acceptable evidence shows it was already at the Government installation and under Government control before the deadline, or if it is the only proposal received and the procurement is negotiated under FAR part 15.
Favorable late modifications may be accepted
A late modification to an otherwise successful proposal may be considered at any time if it makes the proposal more favorable to the Government. This is a narrow exception that benefits the Government, not the bidder, and does not create a general right to cure lateness.
Receipt must be provable
Acceptable evidence of timely receipt can include the installation’s time/date stamp on the proposal wrapper, other documentary evidence maintained by the installation, or oral testimony or statements from Government personnel. The key issue is whether the proposal was actually received at the installation and under Government control before the deadline.
Emergency interruptions extend the deadline
If an emergency or unanticipated event interrupts normal Government processes so proposals cannot be received at the designated office on time, and urgent needs prevent amending the request, the deadline is automatically extended to the same time of day on the first workday when normal processes resume.
Withdrawals are allowed before the deadline
A technical proposal may be withdrawn by written notice received before the exact deadline. If facsimile proposals are authorized, withdrawal by facsimile is also allowed under the conditions of FAR 52.214-31, and in-person withdrawal is permitted if the requester’s identity is verified and the person signs a receipt for the proposal.
Responsibilities
Bidders
Submit technical proposals, revisions, modifications, and withdrawal notices so they arrive at the designated Government office by the exact deadline. Bidders must also use authorized submission methods, preserve proof of timely delivery when possible, and ensure any in-person withdrawal request is made by an authorized person whose identity can be verified.
Contracting Officer
Apply the late-submission rule, determine whether accepting a late technical proposal would unduly delay the acquisition, and decide whether any listed exception permits consideration. The Contracting Officer must also evaluate whether a late modification is favorable to the Government and may be accepted, and must handle emergency deadline extensions when the regulation requires it.
Government receiving office or installation
Receive, date-stamp, and maintain records of technical proposals and related documents, including evidence of receipt. The installation’s records and personnel statements may be used to establish whether a proposal was timely received and under Government control before the deadline.
Government personnel at the designated office
Document receipt and custody of proposals, maintain time/date stamps and other receipt evidence, and provide statements or testimony if needed to establish when a proposal arrived. Personnel must also verify identity and obtain a signed receipt when a bidder withdraws a proposal in person.
Agency
Ensure the request for technical proposals clearly identifies the designated Government office and any authorized electronic commerce or facsimile methods. The agency must also manage interruptions to normal processes and, when necessary, recognize the automatic extension of the receipt deadline.
Practical Implications
Missing the deadline usually means exclusion, so bidders should build in delivery time and not rely on last-minute submission methods.
Proof of timely receipt matters as much as actual mailing or transmission; keep receipts, tracking data, and submission confirmations.
Electronic submissions are only protected if they use an authorized method and meet the specific timing rule for initial Government entry.
A late proposal is not saved just because it was close to the deadline; the exceptions are narrow and must be supported by evidence.
Withdrawal is easier before the deadline than after, so bidders should have internal controls to avoid accidental submissions or to withdraw promptly if needed.
Official Regulatory Text
As prescribed in 14.201-6 (r) , insert the following provision: Late Submissions, Modifications, Revisions, and Withdrawals of Technical Proposals under Two-Step Sealed Bidding (Nov 1999) (a) Bidders are responsible for submitting technical proposals, and any modifications or revisions, so as to reach the Government office designated in the request for technical proposals by the time specified in the invitation for bids (IFB). 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 or revisions are due. (b) (1) Any technical proposal under step one of two-step sealed bidding, modification, revision, or withdrawal of such proposal received at the Government office designated in the request for technical proposals after the exact time specified for receipt will not be considered unless the Contracting Officer determines that accepting the late technical proposal would not unduly delay the acquisition; and- (i) If it was transmitted through an electronic commerce method authorized by the request for technical proposals, 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 proposals; or (ii) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt; or (iii) It is the only proposal received and it is negotiated under part 15 of the Federal Acquisition Regulation. (2) However, a late modification of an otherwise successful proposal 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 technical proposal 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 technical proposals cannot be received at the Government office designated for receipt of technical proposals by the exact time specified in the request for technical proposals, and urgent Government requirements preclude amendment of the request for technical proposals, the time specified for receipt of technical proposals will be deemed to be extended to the same time of day specified in the request for technical proposals on the first work day on which normal Government processes resume. (e) Technical proposals may be withdrawn by written notice received at any time before the exact time set for receipt of technical proposals. If the request for technical proposals authorizes facsimile technical proposals, they may be withdrawn via facsimile received at any time before the exact time set for receipt of proposals, subject to the conditions specified in the provision at 52.214-31 , Facsimile Bids. A technical proposal may be withdrawn in person by a bidder or its authorized representative if, before the exact time set for receipt of technical proposals, the identity of the person requesting withdrawal is established and the person signs a receipt for the technical proposal. (End of provision)