Current through Register Vol. 48, No. 38, September 20, 2024
a) Modification or Withdrawal A bidder or
offeror may withdraw or modify a bid or proposal if notice of the withdrawal or
modification is received by the bid officer before the latest time specified
for receipt of bids or proposals. Any modification or withdrawal, however, must
be made in writing and conveyed directly to the bid officer prior to the
scheduled bid or proposal opening. The SPO may allow all modifications or
withdrawals by printed form conveyed by electronic mail or fax. Method of
submittal of withdrawal and modification must be included in the bid documents
including any specific fax numbers or e-mail addresses.
1) Withdrawal of bids or proposals after bid
or proposal opening will not ordinarily be permitted. A thorough analysis of
the request for withdrawal of bid or proposal, including a recommendation to
approve or deny the request, must be provided to the SPO. In cases in which, in
the judgment of the SPO, based on credible, clear and concise evidence, the
bidder or offeror has made a bona fide error in the preparation of the bid or
proposal and that error will result in a substantial loss to the bidder or
offeror, a withdrawal may be made at the SPO's discretion.
2) Minor Informalities or irregularities. A
minor informality or irregularity is one that is a matter of form or pertains
to some immaterial or inconsequential defect or variation from the exact
requirement of the solicitation, the correction or waiver of which would not be
prejudicial to the State (i.e., the effect on quality, quantity, delivery or
contractual conditions is negligible). The bid officer shall waive these
informalities or irregularities allowing correction if to allow such correction
is in the best interests of the State. A record of minor informalities and
irregularities shall be maintained in the Procurement File and is subject to
review by the SPO during the award process. Examples of minor informalities as
to form include the failure to:
A) return the
required number of signed copies required by the IFB;
B) acknowledge receipt of an amendment to the
solicitation, but only if:
i) it is clear
from the bid that the offeror received the amendment and intended to be bound
by its terms; or
ii) the amendment
involved had a negligible effect on quantity, quality or delivery.
b)
Documentation Required. When a bid or proposal is corrected or withdrawn, or
correction or withdrawal is denied, a written determination shall be prepared
by the bid officer and provided to the SPO showing that relief was granted or
denied in accordance with this Part.
