Section 8.2039  Mistakes

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  If the vendor alleges a mistake, the bid or proposal may be withdrawn if the conditions set forth in this Section, as applicable, are met.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are clearly evident on the face of the bid document, the information shall be corrected and the bid may not be withdrawn.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.