R-24-109-108

Current through Register Vol. 48, No. 1, January 10, 2025

Section R-24-109-108 - Timeliness of Submissions

For purposes of the rules under article 109 of the code, submissions from an aggrieved party must be received by the executive director, chief procurement officer, or procurement official, or a designee of any such officer, by the deadlines established in article 109 of the code and the associated rules, unless otherwise agreed upon in writing by the parties. Submissions received after the deadlines specified in article 109 of the code and associated rules or as agreed upon, shall be rejected as late. The following exceptions may be considered when determining the timeliness of a submission:

(a) If an aggrieved party's submission is not delivered by the deadlines established in article 109 of the code, the submission may be accepted if it can be reasonably determined by the executive director, chief procurement officer, or procurement official, or a designee of any such officer, that:

(i) the postal service, a courier or delivery service outside of the control of the vendor, was in possession of the submission at the specified deadline; and

(ii) the submission was originally scheduled for delivery by the postal service, a courier or delivery service outside of the control of the vendor to the purchasing agency by the specified deadline; and

(iii) the submission is received by the purchasing agency on the business day following the specified submission date.

(b) A submission that is in the possession of the state's internal distribution system at the specified submission time shall be deemed to be received by the purchasing agency by the specified submission deadline.

(c) In the event of a labor unrest (strike, work slowdown, etc.) which may affect mail delivery, the executive director or chief procurement officer is authorized to develop and issue emergency procedures.

(d) In those situations where the late submission was not in the control of the aggrieved party at the time of the submission deadline, the procurement official shall not accept the late submission unless he or she further finds that extenuating circumstances justifying acceptance of the late submission exist and can be documented.

(e) The responsibility for ensuring that the submission is received on time rests with the aggrieved party, and the reasonably foreseeable problems inherent in the delivery of submissions (e.g. slow messengers, slow mail service, weather, bad directions, mechanical failures, traffic, etc.) are not extraordinary circumstances permitting acceptance of late submissions.

R-24-109-108

38 CR 15, August 10, 2015, effective 8/31/2015

41 CR 17, September 10, 2018, effective 10/1/2018

46 CR 11, June 10, 2023, effective 7/1/2023