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{a) The only acceptable evidence to establish the date of mailing of a
late offer, modificatlon, or withdrawal sent by Express Mail Next Day
Service-Post Office to Addressee Is the date entered by the post office
recelving 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) of thls provision,
excluding postmarks of tha Canadian Postal Service. Therefore,
offerers should request the postal clerk to place a legible hand
cancellation bull's eye postmark on both the receipt and the envelope
or wrapper.
(b) Notwithstandingparagraph (a) of this provision, a late modification
of an otherwise successful offer that makes its terms more favorable
to the HA will be considered at any time it is recelved and may be
accepted.
(c) If this solicitation Is a request for proposals, praposals may be
withdrawn by written notice, or If authorized by this solicitation, by
telegram (including mailgram) or facsimile machine transmission
received at any time before award. Proposals may be withdrawn in
person by a offeror or its authorized representative if the identity of the
person requesting withdrawal Is established and the person signs a
receipt for the offer before award. If this sollcitation is an Invitation for
bids, bids may be withdrawn at any time prior to bid opening.
2. Contract Award
(a) The HA will award a contract resulting from this solicitation to the
responsible offeror whose offer conforming to the solicitation will be
most advantageous to the HA, costor price and other factors, specified
elsewhere In this solicitation, considered.
(b) The HA may
(1) reject any or all offers if such action is in the HA's interest,
(2) accept other than the lowest offer,
(3) waive informalities and minor irregularities in offers received,
and (4) award more than one contract for all or part of the
requirements stated.
(c) If this solicitation is a request for proposals, the HA may award a
contract on the basis of tnitlal offers received, without discussions.
Therefore, each intial offer should contain the offeror's best terms from
a cost or price and technical standpoint.
(d) A written award or acceptance of offer mailed or otherwise
furnished to the successful offerer within the time for acceptance
specified in the offer shall result in a binding contract without further
action by either party. If this solicitation is a request for proposals,
before the offer’s specified expiration time, the HA may accept an offer,
whether or not there are negotiations after its receipt, unless a written
notice of withdrawal is received before award. Negotiations conducted
after receipt of an offer do not constitute a rejection or counteroffer by
the HA,
(e) Neither financial data submitted with an offer, nor representations
concerning facllitles or financing, will form a part of the resulting
contract,
3. Service of Protest
Any protest against the award of a contract pursuant to this solicitation
shall be served on the HA by obtaining written and dated acknowledg-
ment of receipt from the HA at the address shown on the cover of this
solicitation. The determination of the HA with regard to such protest
or to proceed to award notwithstanding such protest shall be final
unless appealed by the protester.
4, Offer Submission
Offers shall be submitted as follows and shall be enclosed in a sealed
envelope and addressed to the office specified in the solicitation. The
proposal shall show the hour and date specified in the solicitation
for receipt, the solicitation number, and the name and address of
the offeror, on the face of the envelope.
It Is very !mportant that the offer be properly identified on the face
of the envelope as set forth above in order to ensure that the date and
time of receipt is stamped on the face of the offer envelope. Receiving
procedures are: date and time stamp those envelopes Identified as
proposals and deliver them immediately to the appropriate contracting
official, and only date stamp those envelopes which do not contain
identification of the contents and deliver them to the appropriate
procuring activity only through the routine mail delivery procedure.
[Describe bid or proposal preparation Instructions here:]
Previous edition is obsolete page 2 of 2
form HUD-5369-8 (8/93
ref. Handbook 7460.1
Financial Operations, IC & RA Review Initial:
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