Current through Register Vol. 63, No. 9, September 1, 2024
(1) General.
Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental
mistake in the bid requires careful consideration to protect the integrity of
the competitive bidding system, and to assure fairness. Except as provided in
this rule, if the mistake is attributable to an error in judgment, the bid may
not be corrected. Bid correction or withdrawal by reason of a nonjudgmental
mistake is permissible but only to the extent it is not contrary to the
interest of the STATE or the fair treatment of other bidders.
(2) Mistakes discovered after bid opening but
before award. This subsection prescribes procedures to be applied in situations
where mistakes in bids are discovered after the time and date set for bid
opening but before award:
(a) Minor
informalities. Minor informalities are matters of form rather than substance
that are evident from the bid documents, or are insignificant mistakes that can
be waived or corrected promptly without prejudice to other bidders, or the
STATE.
(b) Mistakes where intended,
correct bid is evident. If the mistake and the intended correct bid item are
clearly evident on the face of the bid form, or can be substantiated from
accompanying documents, the STATE may accept the bid. Examples of mistakes that
may be clearly evident on the face of the bid form are typographical errors,
errors in extending unit prices, transposition errors, and arithmetical errors.
In the event a bidder mistakenly submits more than one bid amount, the highest
bid amount shall be considered the intended bid.
(c) Mistakes where intended correct bid is
not evident. The STATE may not accept a bid in which a mistake is clearly
evident on the face of the bid form but the intended correct bid is not clearly
evident or cannot be substantiated from accompanying documents.
(3) Mistakes discovered after
award.
(a) Each bidder and its surety shall be
the sole guarantors of the correctness and accuracy of its bid. A claim of a
mistake in the bid which is not brought to the notice of the STATE agent
issuing the Notice of Award until after the award has been issued shall not be
cause for cancellation, rescission, adjustment or correction of the contract
and no relief from a claimed mistake in bid brought to the STATE's attention
after award shall be allowed on the basis of a claim that the STATE knew or
should have known of the mistake alleged.
(b) The STATE in its sole discretion may
permit adjustment of the contract if:
(A)
Correction of the mistake results in a contract that is more favorable to the
STATE, price and other factors considered; and
(B) The offer as corrected remains responsive
to the original solicitation;and
(C) Allowing the correction will not cause
the contract resulting to be less favorable to the STATE than a contract that
would result if the offer of the next highest bidder were accepted.
Stat. Auth.: ORS 526.041
Stats. Implemented: ORS
530.050
