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5, Late Submissions, Modifications, and Withdrawal of Bids
(a) Any bid received at the place designated in the solicitation after
the exact time specified for receipt will not be considered unless it is
received before award is made and it:
(1) Was sent by registered or certified mail noi later than the
fifth calendar day before the date specified for receipt of offers (e.9.,
an offer submitted in response to a solicitation requiring receipt of
offers by the 20th of the month musi have been mailed by the 15ih);
(2) Was sent by mail, or if authorized by the solicitation, was
sent by telegram or via facsimile, and itis determined by the PHASHA
thai the late receipt was due solely to mishandling by the PHA/IHA
after receipt at the PHA/IHA; or
(3) Was seni 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 observed holidays.
(b) Any modification or withdrawal of a bid is subject io the same
conditions as in paragraph (a) of this provision.
(c) The only acceptable evidence to establish the date of mailing of
a late bid, modification, or withdrawal 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 legibie
date or the bid, modification, or withdrawal shall be processed as if
mailed late. “Postmark” means a printed, stamped, or otherwise
placed impression (exclusive of a postage meter machine impres-
sion) 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, bidders should request the
posial clerk to piace a hand cancellation bull’s-eye postmark on both
the receipt and the envelope or wrapper.
(qd) The only acceptable evidence to establish the time of receipt at the
PHA/IHA is the time/date stamp of PHA/IHA on the proposal wrapper or
other documentary evidence of receipt maintained by the PHAAHA.
(e) The only acceptable evidence to establish the dats of mailing of
alate bid, modification, or withdrawal sent by Express Mail Next Day
Service-Post Office fo 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 posimark 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 this
provision, excluding postmarks of the Canadian Postal Service.
Therefore, bidders should request the postal clerk to place a legible
hand cancellation bull's eye postmark on both the receipt and Failure
by a bidder to acknowledge receipt of the envelope or wrapper.
(f) Notwithstanding paragraph (a) of this provision, a late modifica-
tion of an otherwise successful bid that makes its terms more
favorable to the PHA/IHA will be considered at any time it is received
and may he accepted.
{g) Bids may be withdrawn by written notice, or if authorized by this
solicitation, by telegram (including mailgram) or facsimile machine
transmission received ai any time before the exact time set for
opening of bids; provided that written confirmation of telegraphic or
facsimile withdrawals over the signature of the bidder is mailed and
posimarked prior to the specified bid opening time. A bid may be
withdrawn in person by a bidder or its authorized representative if,
before the exact time set for opening of bids, the identity ofthe person
requesting withdrawal is established and the person signs a receipt
for the bid.
6. Bid Opening
All bids received by ihe date and time of receipt specified in the
solicitation will be publicly opened and read. The time and place of
opening will be as specified in the solicitation. Bidders and other
interested persons may be present.
7. Service of Protest
(a) Definitions. As used in this provision:
“Interested party’ means an aciual or prospective bidder whose
direct economic interest wouid be affected by the award of the
contract.
“Protest” means a written objection by an interested party to this
solicitation or to a proposed or actual award of a contract pursuant
to this solicitation.
(b) Protests shall be served on the Contracting Officer by obtaining
written and dated acknowledgement from —
NNRHA Procurement Manager
[Contracting Officer designate the official or location where a protest
may be served on the Contracting Officer]
(c) All protests shall be resolved in accordance with the PHA’s/
IHA’s protest policy and procedures, copies of which are maintained
at the PHA/IHA.
8. Contract Award
(a) The PHAAIHA will evaluate bids in response to this solicitation
without discussions and will award a contract to the responsible
bidder whose bid, conforming to the solicitation, will be most advan-
tageous to the PHA/IHA considering only price and any price-related
factors specified in the solicitation.
(b) if the apparent low bid received in response io this solicitation
exceeds the PHA’s/IHA’s available funding for ihe proposed contract
work, the PHAAHA may either accept separately priced items (see
8(e) below) or use the following procedure to determine contract
award. The PHAVIHA shall apply in turn to each bid (proceeding in
order from the apparent low bid to the high bid} each of the separately
priced bid deductible items, if any, In their priority order set forth in
this solicitation. If upon the application of the first deductible item to
all initial bids, a new low bid is within the PHA’s/lHA’s available
junding, then award shall be made io that bidder. If no bid is within
the available funding amount, then the PHA/IHA shall apply the
second deductible item. The PHA/IHA shall continue this process
until an evaluated low bid, if any, is within the PHA’s/IHA’s available
funding. If upon the application of all deductibles, no bid is within the
PHA’s/IHA's available funding, or if the solicitation does not request
separately priced deductibles, the PHA/IHA shail follow its written
policy and procedures in making any award under this solicitation.
(c) In the case of tie low bids, award shall be made in accordance
with the PHA’s/IHA’s written policy and procedures.
(d) The PHA/IHA may reject any and ail bids, accept other than the
lowest bid (e.g., the apparent low bid is unreasonably low), and waive
informalities or minor irregularities in bids received, in accordance
with the PHA’s/IHA’s written policy and procedures.
Previous edition is obsotete
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