FAR Delay Exception Requires Disruption at Agency Location
The Defense Commissary Agency issued a solicitation for the supply of fresh pork products with a submission deadline of 3 PM on April 30 at the DeCA headquarters in Fort Lee. Global tendered its proposal to Fed Ex on April 29 where widespread flooding and infrastructure damage from extreme weather did not allow the proposal to be put on a Fed. Ex airplane requiring delivery of the package to be delayed. Realizing there would be a delay Global arranged for Kinko’s in Virginia to print, prepare and hand deliver the proposal to DcCA in Fort lee where it did not arrive until 3:40 on April 30, 40 minutes late and DeCA refused acceptance. Providing extensive documentation highlighting the damage from the storm, Global asserted the delay of delivery was caused by the government’s restriction of aircraft travel due to extreme weather and its lateness should be excused as a disruption of normal government processes under FAR 52.212-1(f)(4) which creates an exception to the general rule that a late offer will not be considered by the government. The Court rejected Global’s position stating the clear meaning of the cited FAR provision permits acceptance of late proposal where “an emergency or unanticipated events interrupts normal government processes so that offers cannot be received at the government office designated for receipt of offers.” Here, normal government operations were not interrupted at Fort Lee, the designated location for receipt of offers and hence Global is not entitled to consideration of its proposal under the FAR 52.212-1 (Global Mil. Mktg. Inc. v. US, 2014 WL 4824488).
