1537. MISTAKES IN BIDS AFTER AWARD

1537 MISTAKES IN BIDS AFTER AWARD 1537.1 If a mistake in a bid is not discovered until after award, the mistake may be corrected by contract amendment if correcting the mistake would be favorable to the District without changing the essential requirements of the specifications. 1537.2 In addition to the cases contemplated in § 1537.1, or as otherwise authorized by law, if a mistake in a bid is not discovered until after the contract is awarded, the Director shall make one (1) of the following determinations: (a) Rescind the contract; Reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original IFB; or (c) Make no change to the contract as awarded. 1537.3 Determinations made under §§ 1537.2(a) and 1537.2(b) shall be made only on the basis of clear and convincing evidence that a mistake was mutual or unilaterally made by a contractor, and was so apparent as to give the contracting officer notice of the probability of the mistake. SOURCE: Final Rulemaking published at 35 DCR 1437 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6305 (June 1, 2012).