Current through Register Vol. 63, No. 12, December 1, 2024
(1) General. To protect the integrity of the
competitive solicitation process and to assure fair treatment of Offerors, ODOT
shall carefully consider whether to permit waiver, correction or withdrawal for
certain mistakes.
(2) Agency
Treatment of Mistakes. ODOT shall not allow an Offeror to correct or withdraw
an Offer for an error in judgment. If ODOT discovers certain mistakes in an
Offer after Opening, but before award of the Contract, ODOT may take the
following action:
(a) ODOT may waive, or
permit an Offeror to correct, a minor informality. A minor informality is a
matter of form rather than substance that is evident on the face of the Offer,
or an insignificant mistake that can be waived or corrected without prejudice
to other Offerors. Examples of minor informalities include an Offeror's failure
to:
(A) Return the correct number of Signed
Offers or the correct number of other documents required by the Solicitation
Document;
(B) Sign the Offer in the
designated block, provided a Signature appears elsewhere in the Offer,
evidencing an intent to be bound; and
(b) ODOT may correct a clerical error if the
intended Offer and the error are evident on the face of the Offer, or other
documents submitted with the Offer, and the Offeror confirms ODOT's correction
in Writing. A clerical error is an Offeror's error in transcribing its Offer.
Examples include typographical mistakes, errors in extending unit prices,
transposition errors, arithmetical errors, instances in which the intended
correct unit or amount is evident by simple arithmetic calculations (for
example, a missing unit price may be established by dividing the total price
for the units by the quantity of units for that item, or incorrect total price
for an item may be established by multiplying the unit price by the quantity
when those figures are available in the Offer). In the event of a discrepancy,
unit prices shall prevail over extended prices.
(c) ODOT may permit an Offeror to withdraw an
Offer based on other errors only if the Offeror shows by clear and convincing
evidence to the satisfaction of ODOT:
(A) The
nature of the error on the face of the Offer or documents submitted with the
Offer, pursuant to the solicitation requirements; and
(B) That the error is not a judgment error,
minor informality or clerical error.
(3) Rejection for Mistakes. ODOT shall reject
any Offer in which a mistake is evident on the face of the Offer and the
intended correct Offer is not evident or cannot be substantiated from documents
submitted with the Offer, pursuant to solicitation requirements.
Statutory/Other Authority: ORS 184.619, 279A.050 &
279A.065
Statutes/Other Implemented: ORS 279C.375 &
279C.395
