Current through Register Vol. 48, No. 38, September 20, 2024
a) General
Corrections to bids, proposals or responses are allowed, but
only to the extent correction is not prejudicial to the interest of the State
or fair competition as determined by the Chief Procurement Officer. Withdrawals
of proposals are allowed as provided in this Section.
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 Chief Procurement Officer knows or has reason to
conclude that a mistake has been made, the officer 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
in the bid, proposal or response, it may be corrected or withdrawn if the
conditions in this Section, as applicable, are met.
d) Mistakes Discovered After Opening but
Before Award
1) Minor Mistakes. A minor
mistake is one that is a matter of form or pertains to some immaterial or
inconsequential defect or variation of a bid, proposal or response from the
exact requirement of the solicitation, the correction or waiver of which would
not be prejudicial to the State. The Chief Procurement Officer shall waive
minor mistakes or allow the offeror to correct them depending on which is in
the best interest of the State. Minor mistakes include insignificant mistakes
where the effect on price, quantity, quality, delivery or contractual
conditions is negligible. Examples of minor mistakes as to form include the
failure of an offeror to:
A) return the
number of signed bids, proposals or responses required by the
solicitation;
B) sign the bid,
proposal or response, but only if the unsigned bid, proposal or response is
accompanied by other material indicating the offeror's intent to be bound,
including but not limited to signature on an auxiliary form, submission of a
guarantee or submission of a signed transmittal letter; or
C) acknowledge receipt of an amendment to the
solicitation, but only if:
i) it is clear
from the bid, proposal or response that the offeror 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) Corrections of Mistakes. If discussions
are not held or if the best and 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 bid, proposal or
response, in which event the offer may not be withdrawn; or
B) the mistake is not clearly evident on the
face of the bid, proposal or response, but the offeror submits adequate proof
that clearly and convincingly demonstrates both the existence of a mistake and
the intended correct offer, and that correcting the mistake would not be
contrary to the fair and equal treatment of other offerors.
3) Withdrawal of Bids, Proposals
or Responses. If discussions are not held, or if the best and final offers upon
which award will be made have been received, the offeror may be permitted to
withdraw the bid, proposal or response 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
offer, but to allow corrections would be contrary to the fair and equal
treatment of other offerors.
e) Determinations Required
When a proposal is corrected or withdrawn, or correction or
withdrawal is denied, the Chief Procurement Officer shall prepare a written
determination documenting that relief was granted or denied in accordance with
this Part. The requirement of this subsection to prepare a written
determination shall not apply to "minor mistakes" as defined in subsection
(d)(1).
