Burr & Forman's David Timm recently authored "Why Won't the FAR Council Change the Late is Late Rule?" which was published on the National Association of Surety Bond Producers (NASBP) blog.

In the post, David examines the government contracting "Late is Late" rule and argues that the Revolutionary FAR Overhaul (RFO) missed an opportunity to resolve the long-standing split between the Government Accountability Office (GAO) and the Court of Federal Claims (COFC) over the Government Control Exception for bids submitted by email. Although the RFO was intended to reduce regulatory burdens, he explains that it left this heavily litigated issue unresolved while introducing new rules for contractors to navigate.

David also analyzes a recent COFC decision that highlights how the unresolved split continues to create challenges for contractors. The decision adopted a narrow interpretation of the Government Control Exception, reinforcing the importance of understanding how bid submission requirements are applied when technical issues arise.

To help contractors avoid disputes over timely bid submissions, David shares practical recommendations for submitting bids by email, including sending submissions well ahead of the deadline, confirming receipt directly with the contracting officer, and taking proactive steps to address potential delivery issues.

Read the full article here.