Agency's "Mail Storm" Excuses Late Proposal
Client Alert | 1 min read | 03.31.11
Moving beyond faxes into the computer age, the Court of Federal Claims in Watterson Constr. Co. v. U.S. (Mar. 29, 2011) found that a contractor's late proposal should be excused when the delay was caused solely by a "mail storm" at the agency which overloaded and slowed down its servers. Judge Braden found that the late proposal, received by the contracting officer 4 minutes after the deadline, is excused because the proposal was on time as it had been received by the agency's servers timely; even if it had been late, the FAR's "government control" exception applied; and, in any event, the "mail storm" was an "emergency or unanticipated event" which entitled the contractor to a 1-day extension under the FAR.
Insights
Client Alert | 9 min read | 02.12.26
On 9 January 2026, the European Commission published its Guidelines on the application of Regulation (EU) 2022/2560, also known as the Foreign Subsidies Regulation (FSR).
Client Alert | 3 min read | 02.11.26
Client Alert | 4 min read | 02.11.26
Consolidated Appropriations Act Introduces Sweeping Reforms for Pharmacy Benefit Managers
