Current through Register Vol. 48, No. 9, September 27, 2024
A. General Procedure
(1) A bidder or offeror must submit in
writing a request to either correct or withdraw a bid to the procurement
officer. Each written request must document the fact that the bidder's or
offeror's mistake is clearly an error that will cause him substantial loss. All
decisions to permit the correction or withdrawal of bids shall be supported by
a written determination of appropriateness made by the chief procurement
officers or head of a purchasing agency, or the designee of either.
(2) Confirmation of Bid. When the responsible
procurement officer knows or has reason to conclude that a mistake may have
been made, she should request the bidder to confirm the bid. Situations in
which confirmation should be requested include obvious, apparent errors on the
face of the bid or a bid unreasonably lower than the other bids submitted.
Consistent with R.19-445.2010,
-2050C, and -2095C, the responsible procurement officer should only disclose
information that is publicly available when confirming a bid. If the bidder
asserts a mistake, the bid may be corrected or withdrawn only if allowed by
regulation (e.g., R.19-445.2085A and B and R.19-445.2095I(2)(d)).
B. Correction Creates
Low Bid.
To maintain the integrity of the competitive sealed bidding
system, a bidder shall not be permitted to correct a bid mistake after bid
opening that would cause such bidder to have the low bid unless the mistake is
clearly evident from examining the bid document; for example, extension of unit
prices or errors in addition.
C. Cancellation Of Award Prior To
Performance.
After an award or notification of intent to award, whichever is
earlier, has been issued but before performance has begun, the award or
contract may be canceled and either re-awarded or a new solicitation issued or
the existing solicitation canceled, if the Chief Procurement Officer determines
in writing that:
(1) Inadequate or
ambiguous specifications were cited in the invitation;
(2) Specifications have been
revised;
(3) The supplies,
services, information technology, or construction being procured are no longer
required;
(4) The invitation did
not provide for consideration of all factors of cost to the State, such as cost
of transporting state furnished property to bidders' plants;
(5) Bids received indicate that the needs of
the State can be satisfied by a less expensive article differing from that on
which the bids were invited;
(6)
The bids were not independently arrived at in open competition, were collusive,
or were submitted in bad faith;
(7)
Administrative error of the purchasing agency discovered prior to performance,
or
(8) For other reasons,
cancellation is clearly in the best interest of the State.
