Current through Register Vol. 30, No. 38, September 20, 2024
A. If an
apparent mistake in a bid, relevant to the award determination, is discovered
after opening and before award, a school district shall contact the bidder for
written confirmation of the bid. If the bidder fails to act, the bidder is
considered nonresponsive and the school district shall place a written
determination that the bidder is nonresponsive in the procurement file. The
school district shall designate a time-frame within which the bidder shall
either:
1. Confirm that no mistake was made
and assert that the bid stands as submitted; or
2. Acknowledge that a mistake was made and
include all of the following in a written response:
a. An explanation of the mistake and any
other relevant information;
b. A
request for correction including the corrected bid or a request for withdrawal;
and
c. The reasons why correction
or withdrawal is consistent with fair competition and advantageous to the
school district.
B. A bidder who discovers a mistake in its
bid after bid opening and before award, may request correction or withdrawal in
writing and shall include all of the following in the written request:
1. An explanation of the mistake and any
other relevant information;
2. A
request for correction including the corrected bid or a request for withdrawal;
and
3. The reasons why correction
or withdrawal is consistent with fair competition and advantageous to the
school district.
C.After bid
opening and before award, a bid mistake based on an error in judgment may not
be corrected or withdrawn. Other bid mistakes may be corrected or withdrawn
pursuant to subsections (D) through (F).
D.After bid
opening and before award, the school district shall either waive minor
informalities in a bid or allow the bidder to correct them if correction is
advantageous to the school district.
E.After bid
opening and before award, the bid may not be withdrawn and shall be corrected
to the intended bid if a bid mistake and the intended bid are evident on the
face of the bid.
F.After bid opening and before award, the school
district may permit a bidder to withdraw a bid if:
1. A nonjudgmental mistake is evident on the
face of the bid but the intended bid is not evident; or
2. The bidder establishes by clear and
convincing evidence that a nonjudgmental mistake was made.
G.If correction
or withdrawal of a bid after bid opening is permitted or denied under
subsections (D), (F) and (J), the school district shall prepare a written
determination showing that the relief was permitted or denied under this
Section.
H.Notwithstanding other provisions of this Section,
after bid opening and before award, no corrections in bid prices or other
provisions of bids prejudicial to the interest of the school district or fair
competition shall be permitted.
I.
If a mistake in the bid is discovered after the award, the bidder may request
withdrawal or correction in writing and shall include all of the following in
the written request:
1. An explanation of the
mistake and any other relevant information;
2. A request for correction including the
corrected bid or a request for withdrawal; and
3. The reasons why correction or withdrawal
is consistent with fair competition and advantageous to the school district.
J. Based on the
considerations of fair competition and the best interest of the school
district, the school district may take one of the following actions regarding a
bid mistake discovered after the award:
1.
Allow correction of the mistake, if the corrected bid amount is less than the
next lowest bid;
2. Cancel all or
part of the award; or
3. Deny
correction or withdrawal.
K. After cancellation of all or part of an
award in accordance with subsection (J)(2), if the bid acceptance period has
not expired, the school district may award all or part of the contract to the
next lowest responsible and responsive bidder, based on the considerations of
fair competition and the best interest of the school
district.
