Washington, D.C. Partner David Timm authored an article for Surety Bond Quarterly examining the strict enforcement of timeliness rules in federal procurement and the significant risks contractors face when submitting proposals late.

In the article, David explores the long-standing “late is late” rule, emphasizing that even minor delays in proposal submission can result in outright rejection, regardless of intent or technical issues. He explains that, while there are limited exceptions, they are narrowly applied and often misunderstood, creating substantial risk for contractors who rely on electronic submission systems. As he notes, “the general rule is that a late proposal will not be considered,” underscoring the inflexible nature of these requirements.

David also highlights how modern procurement practices, particularly the reliance on email and digital platforms, introduce new complexities. Seemingly minor technical disruptions, such as server delays or file size limitations, can ultimately render a proposal untimely. As he cautions, “much can happen” between the proposal's submission and its receipt by the government, underscoring the importance of early submission and verification.

The article further outlines key exceptions to the rule and explains how agencies and tribunals evaluate timeliness disputes, offering practical insight for contractors seeking to better protect themselves. David concludes by reinforcing that strict compliance and proactive planning remain critical, as agencies continue to apply these rules with little flexibility in an increasingly digital procurement environment.

To read the full article, click here.