Current through Register Vol. 48, No. 38, September 20, 2024
a) General.
Corrections to bids, proposals or other procurement processes are allowed, but
only to the extent not contrary to the best interest of the State or the fair
treatment of other bidders.
b)
Mistakes Discovered Before Opening. A vendor may correct mistakes discovered
before the time and date set for opening by withdrawing or correcting as
provided in this Section.
c)
Confirmation of Mistake. When the CPO knows or has reason to conclude that a
mistake has been made, the CPO should request the vendor to confirm the
information. Situations in which confirmation should be requested include
obvious or apparent errors on the face of the document or a price unreasonably
lower than the others submitted. If the vendor alleges a mistake, the bid or
proposal may be corrected or withdrawn if the conditions set forth in this
Section, as applicable, are met.
d)
Mistakes in Bids Discovered After Opening but Before Award. This subsection (d)
sets forth procedures to be applied in situations in which mistakes in bids are
discovered after the time and date set for bid opening but before award.
1) Minor Informalities. A minor informality
or irregularity is one that is a matter of form or pertains to some immaterial
or inconsequential defect or variation of a bid from the exact requirement of
the IFB, the correction or waiver of which would not be prejudicial to the
State (i.e., the effect on price, quality, quantity, delivery or contractual
conditions is negligible). The CPO shall waive the informalities or allow the
bidder to correct them, depending on which is in the best interest of the
State. Minor informalities include insignificant mistakes when the effect on
price, quantity, quality, delivery or contractual conditions is negligible.
Examples of minor informalities as to form include the failure of a bidder to:
A) return the number of signed bids required
by the IFB;
B) sign the bid, but
only if the unsigned bid is accompanied by other material indicating the
bidder's intent to be bound, including but not limited to signature on an
auxiliary form, submission of a bid guarantee or submission of a signed
transmittal letter; or
C)
acknowledge receipt of an amendment to the IFB, but only if:
i) it is clear from the bid that the bidder
received the amendment and intended to be bound by its terms; or
ii) the amendment involved had a negligible
effect on price, quantity, quality or delivery.
2) Mistakes in Which Intended Correct Bid Is
Evident. If the mistake and the intended correct bid are clearly evident on the
face of the bid document, the bid shall be corrected to the intended correct
bid and may not be withdrawn. Examples of mistakes that may be clearly evident
on the face of the bid document are typographical errors, errors in extending
unit prices, transposition errors, and arithmetical errors.
3) Mistakes in Which Intended Correct Bid Is
Not Evident. A bidder may be permitted to withdraw a low bid if:
A) a mistake is clearly evident on the face
of the bid document but the intended correct bid is not similarly evident;
or
B) the bidder submits proof of
evidentiary value that clearly and convincingly demonstrates that a mistake was
made.
e)
Mistakes in Proposals Discovered After Receipt, but Before Award. This
subsection (e) sets forth procedures to be applied in four situations in which
mistakes in proposals are discovered after receipt of proposals but before
award.
1) During Discussions; Prior to Best
& Final Offers. Once discussions are commenced with any offeror or after
Best & Final offers are requested, any offeror may freely correct any
mistake prior to the date set for conclusion of discussions or for receipt of
Best & Final offers.
2) Minor
Informalities. Minor informalities, unless otherwise corrected by an offeror as
provided in this Section, shall be treated as they are under competitive sealed
bidding. (See subsection (d).)
3)
Correction of Mistakes. If discussions are not held or if the Best & Final
offers upon which award will be made have been received, mistakes may be
corrected and the intended correct offer considered only if:
A) the mistake and the intended correct offer
are clearly evident on the face of the proposal, in which event the proposal
may not be withdrawn; or
B) the
mistake is not clearly evident on the face of the proposal, but the offeror
submits adequate proof that clearly and convincingly demonstrates both the
existence of a mistake and the intended correct offer, and such correction
would not be contrary to the fair and equal treatment of other
offerors.
4) Withdrawal
of Proposals. If discussions are not held, or if the Best & Final offers
upon which award will be made have been received, the offeror may be permitted
to withdraw the proposal if:
A) the mistake
is clearly evident on the face of the proposal and the intended correct offer
is not;
B) the offeror submits
proof of evidentiary value that clearly and convincingly demonstrates that a
mistake was made but does not demonstrate the intended correct offer;
or
C) the offeror submits adequate
proof that clearly and convincingly demonstrates the intended correct offer,
but to allow corrections would be contrary to the fair and equal treatment of
other offerors.
f) Mistakes Discovered After Award. Mistakes
shall not be corrected after award of the contract except when the CPO finds it
would be unconscionable not to allow the mistake to be corrected.
g) Determinations Required. When a proposal
is corrected or withdrawn, or correction or withdrawal is denied, a written
determination shall be prepared showing that relief was granted or denied in
accordance with this Part. The Procurement Officer shall prepare the
determination.
