Even A Little Early Can Be Late: GAO Rules that Proposal Emailed Prior to Submission Deadline but Received Minutes Afterward was Untimely
Client Alert | 1 min read | 01.09.20
In Spanish Solutions Language Services, LLC, GAO rejected Spanish Solutions’ (SSLS) post-award protest of the Department of Defense’s (DOD) determination that, among other things, SSLS’ proposal for translation services was untimely because it was received by DOD after an 11 a.m. submission deadline. SSLS emailed its proposal to DOD at 10:54 a.m., six minutes prior to the proposal submission deadline (and had a copy of the transmittal email to prove it), but it was not received by DOD’s email system until 11:08, eight minutes after the deadline. In agreeing with DOD’s determination that the proposal was untimely, GAO noted that the RFP included FAR 52.212-1, Instructions to Offerors-Commercial Items, which explains that “[a]ny offer . . . received at the Government office designated in the solicitation after the exact time specified for receipt of offers is ‘late’ and will not be considered unless it is received before award is made.” FAR 52.212-1(f)(2)(i). In light of the inclusion of this FAR provision, GAO explained that even if SSLS had emailed its proposal prior to the 11 a.m. deadline, “the relevant question . . . is when the email was received at the designated government office, not when it was sent.” GAO reiterated that “it is an offeror’s responsibility, when transmitting its proposal electronically, to ensure the proposal’s timely delivery by transmitting the proposal sufficiently in advance of the time set for receipt of proposals to allow for timely receipt by the agency.”
The decision serves as a cautionary tale for bidders—even early, if it is not early enough, can be late. For that reason, when submitting proposals via email, bidders should submit their proposals well in advance of the proposal deadline, and, where possible, confirm receipt prior to the deadline.
Contacts
Insights
Client Alert | 3 min read | 10.10.25
New Post Appeals Mediation Pilot Program
On October 1, 2025, the IRS Independent Office of Appeals launched a two-year pilot program to make Post Appeals Mediation (PAM) more attractive and accessible to taxpayers. See IRS Announcement 2025-10. The new PAM pilot program offers taxpayers the opportunity to be assigned to a new Appeals team, which is otherwise unconnected to the underlying case, who will represent the original Appeals team in the mediation session. The assignment of the new Appeals team does not begin a new appeals process but rather is intended to help facilitate an expedited and impartial look at the underlying case with the goal of further exploring all potential paths to resolution prior to litigation.
Client Alert | 1 min read | 10.09.25
New California Algorithmic Pricing Law Could Have Far Reaching Effects
Client Alert | 5 min read | 10.08.25
California’s AI Transparency Act (CAITA) May be Amended to Regulate Social Media Platforms
Client Alert | 6 min read | 10.08.25
Hacker No Fly Zone: FAA and TSA Propose Cybersecurity Rules for Drone Ecosystem