The May 17, 2011, issue of the BNA Federal Contracts Report features an article by Thompson Coburn attorneys Tim Sullivan, Kym Nucci, Scott Lane, entitled “The Late Proposal Rule Needs Updates to Reflect New Electronic Environment.”
For decades, proponents of the Late Proposal Rule have attempted to justify its harsh and rigid application by proclaiming that it alleviates confusion, ensures equal treatment and helps to maintain the integrity of the competitive procurement system. A recent decision at the United States Court of Federal Claims, however, has demonstrated the rule is not well-structured to assess today’s electronic proposal submissions. The article explains that it is time for the Federal Acquisition Regulation Council to reconsider the rule and alleviate the growing confusion on how or if the Late Proposal Rule can be fairly applied to today's electronic proposal submissions.
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