Section R2-7-C307. Late Offers, Modifications, and Withdrawals Before Offer Due Date and Time

A.      If an offer, modification, or withdrawal is not received by the offer due date and time, at the location designated in the solic- itation, an agency chief procurement officer shall determine the offer, modification, or withdrawal as late. This rule does not apply to revision or withdrawal of offers as described in R2-7-C314.

B.       The agency chief procurement officer shall reject a late offer, modification, or withdrawal unless:

1.        The document is received before contract award at the location designated in the solicitation; and

2.        The document would have been received by the offer due date and time, but for the action or inaction of personnel directly serving the purchasing agency.

C.      Upon receiving a late offer, modification, or withdrawal, the agency chief procurement officer shall:

1.        If the document is hand delivered, refuse to accept the delivery; or

2.        If the document is not hand delivered, record the time and date of receipt and promptly send written notice of late receipt to the offeror. The agency chief procurement offi- cer may discard the document within 30 days after the date on the notice unless the offeror requests the docu- ment be returned.

D.      The agency chief procurement officer shall document a refusal under (C)(1) and place the document or a copy of the notice required in (C)(2) in the procurement file.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).