Government Contracts Monitor

Make Sure You Know Exactly When Your Quotation is Due!

January 16, 2014

A recent GAO decision reminds us how important it is for contractors to know exactly when their offers are due, and to err on the side of caution if there is any doubt. In International Code Council, B-409146 (Comp. Gen. Jan. 8, 2014), the Department of Housing and Urban Development (HUD) issued a request for quotations with a due date of July 23, 2013 at 3:00 p.m. Then on July 16, HUD issued an amendment changing the due date to July 26, 2013. International Code Council (“ICC”) submitted its quotation at 3:28 p.m. on July 26, and HUD rejected the quote as late claiming that although the date was changed, the time remained 3:00 p.m.

ICC filed a protest at GAO arguing that its quotation should have been accepted as timely. First, ICC argued that when HUD changed the due date, it failed to provide a new time for submission. Under FAR 52.212-1(f)(1), if no time for receipt of quotations is listed, the default time is 4:30 p.m. local time. Therefore, ICC argued that its quotation was timely under FAR 52.212-1. However, GAO rejected this argument finding that where the original due date is changed, but the originally-provided time is not changed, the time remains the same. Thus, quotations were due at 3:00 p.m. on July 26.

ICC also argued that the contracting specialist agreed to accept ICC’s quotation after 3:00 p.m. and thus waived the due date and time. GAO rejected this argument stating that oral advice regarding the due date and time cannot amend the solicitation or legally bind the agency. ICC could not, and should not, have relied on oral advice from the contracting specialist contradicting the stated deadline in the RFQ. Therefore, it was reasonable for HUD to reject ICC’s proposal as late.

The take away from the case is that offerors should always confirm exactly when a quotation or proposal is due. If there is any doubt, offerors should err on the side of caution and submit offers well in advance of the due date and time. Although offerors can check with agency personnel, offerors should not rely on oral statements that contradict the stated deadline in the solicitation documents and amendments. While solicitations can often have several complex and confusing requirements, the due date shouldn’t be one of them!

Katie Calogero is the attorney responsible for the content of this article.