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 the other bidders or offerors.
b) Mistakes Discovered Before Opening. A
vendor may correct mistakes discovered before the time and date set for opening
by withdrawing or correcting the error in writing, or in person at the opening
location, before the time and date set for opening.
c) Confirmation of Mistake After Opening.
When the SPO knows or has reason to know that a mistake has been made, the SPO
may 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vendor alleges a mistake, the bid or proposal may be withdrawn if the
conditions set forth in this Section, as applicable, are met.
1) 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 price, quality, quantity,
delivery or contractual conditions is negligible). The bid officer shall waive
these informalities or irregularities allowing correction if to allow the
correction is in the best interest 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 or RFP;
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 price, quantity, quality or
delivery.
2)
Mistakes in Which the Intended Correct Information Is Evident. If the mistake
and the intended correct information are clearly evident on the face of the bid
document, the information shall be corrected and the bid may not be withdrawn.
Examples of mistakes that may be clearly evident on the face of the
solicitation document are typographical errors, errors in extending unit
prices, transposition errors and arithmetical errors.
3) Mistakes in Which the Intended Correct
Information Is Not Evident.
The bid or proposal may be withdrawn if:
A) a mistake is clearly evident on the face
of the bid or proposal document but the intended correct bid or proposal is not
similarly evident; or
B) there is
clear and convincing evidence demonstrating a mistake was made.
d) Documentation
Required. The reason for allowing correction or withdrawal of bids or proposals
shall be made part of the procurement file and shall be available for public
inspection.
