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 (B) It was sent by mail (or telegram or facsimile, if authorized) or hand-carried
(including delivery by a commercial carrier) if it is determined by the Government
that the late receipt was due primarily to Government mishandling after receipt at
the Government installation;
(C) It was sent by U.S. Postal Service Express Mail Next Day Service-Post Office
to Addressee, not later than 5:00 p.m. at the place of mailing two working days prior
to the date specified for receipt of proposals. The term "working days" excludes
weekends and U.S. Federal holidays;
(D) It was transmitted through an electronic commerce method authorized by the
solicitation and was received at the initial point of entry to the Government
infrastructure not later than 5:00 p.m. one working day prior to the date specified for
receipt of proposals; or
(E) There is acceptable evidence to establish that it was received at the activity
designated for receipt of offers and was under the Government's control prior to the
time set for receipt of offers, and the Contracting Officer determines that accepting
the late offer would not unduly delay the procurement; or
(F) It is the only proposal received.
(ii) Any modification or revision of a proposal or response to request for information,
including any final proposal revision, is subject to the same conditions as in subparagraphs
(c)(3)(i)(A) through (c)(3)(i)(E) of this provision.
(iii) The only acceptable evidence to establish the date of mailing of a late proposal or
modification or revision sent either by registered or certified mail is the U.S. or Canadian
Postal Service postmark both on the envelope or wrapper and on the original receipt from
the U.S. or Canadian Postal Service. Both postmarks must show a legible date or the
proposal, response to a request for information, or modification or revision shall be
processed as if mailed late. "Postmark" means a printed, stamped, or otherwise placed
impression (exclusive of a postage meter machine impression) that is readily identifiable
without further action as having been supplied and affixed by employees of the U.S. or
Canadian Postal Service on the date of mailing. Therefore, offerors or respondents should
request the postal clerk to place a legible hand cancellation bull's eye postmark on both
the receipt and the envelope or wrapper.
(iv) Acceptable evidence to establish the time of receipt at the Government installation
includes the time/date stamp of that installation on the proposal wrapper, other
documentary evidence of receipt maintained by the installation, or oral testimony or
statements of Government personnel.
(v) The only acceptable evidence to establish the date of mailing of a late offer,
modification or revision, or withdrawal sent by Express Mail Next Day Service-Post Office
to Addressee is the date entered by the post office receiving clerk on the "Express Mail
Next Day Service-Post Office to Addressee" label and the postmark on both the envelope
or wrapper and on the original receipt from the U.S. Postal Service. "Postmark" has the
same meaning as defined in paragraph (c)(3)(iii) of this provision, excluding postmarks of
the Canadian Postal Service. Therefore, offerors or respondents should request the postal
clerk to place a legible hand cancellation bull's eye postmark on both the receipt and the
envelope or wrapper.
12
JUNE 1999
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