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 Procurement Officer knows or has reason to conclude
that a mistake has been made, such officer shall 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proposal may be corrected or withdrawn if the conditions set forth in this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 Invitation for Bids, 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 Procurement Officer shall waive such informalities or allow
the bidder to correct them depending on which is in the best interest of the
State. Examples of minor informalities as to form include the failure of a
bidder to:
A) return the number of signed
bids required by the Invitation for Bids;
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
Invitation for Bids, 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 Where 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 Where 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 and Final Offers. Once discussions are commenced
with any offeror or after best and 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 and 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 subsection (d).
3) Correction 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 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 and 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 where the Procurement Officer finds it would be unconscionable (e.g., if
the mistake resulted in a windfall to the State) 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.
