Correction or Withdrawal of Proposals

Section 1400 Section 1400.2515  Correction or Withdrawal of Proposals a)         General Corrections to bids, proposals or responses are allowed, but only to the extent correction is not prejudicial to the interest of the State or fair competition as determined by the Chief Procurement Officer. Withdrawals of proposals are allowed as provided in this Section. b)         Mistakes Discovered Before Opening A vendor may correct mistakes discovered before the time and date set for opening by withdrawing or correcting as provided in this Section. c)         Confirmation of Mistake When the Chief Procurement Officer knows or has reason to conclude that a mistake has been made, the officer should 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  If the vendor alleges a mistake in the bid, proposal or response, it may be corrected or withdrawn if the conditions in this Section, as applicable, are met. d)         Mistakes Discovered After Opening but Before Award 1)         Minor Mistakes.  A minor mistake is one that is a matter of form or pertains to some immaterial or inconsequential defect or variation of a bid, proposal or response from the exact requirement of the solicitation, the correction or waiver of which would not be prejudicial to the State. The Chief Procurement Officer shall waive minor mistakes or allow the offeror to correct them depending on which is in the best interest of the State.  Minor mistakes include insignificant mistakes where the effect on price, quantity, quality, delivery or contractual conditions is negligible. Examples of minor mistakes as to form include the failure of an offeror to: A)        return the number of signed bids, proposals or responses required by the solicitation; B)        sign the bid, proposal or response, but only if the unsigned bid, proposal or response is accompanied by other material indicating the offeror's intent to be bound, including but not limited to signature on an auxiliary form, submission of a guarantee or submission of a signed transmittal letter; or C)        acknowledge receipt of an amendment to the solicitation, but only if: i)          it is clear from the bid, proposal or response 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)         Corrections of Mistakes.  If discussions are not held or if the best and final offers upon which award will be made have been received, mistakes may be corrected and the intended correct offer considered only if: A)        the mistake and the intended correct offer are clearly evident on the face of the bid, proposal or response, in which event the offer may not be withdrawn; or B)        the mistake is not clearly evident on the face of the bid, proposal or response, but the offeror submits adequate proof that clearly and convincingly demonstrates both the existence of a mistake and the intended correct offer, and that correcting the mistake would not be contrary to the fair and equal treatment of other offerors. 3)         Withdrawal of Bids, Proposals or Responses.  If discussions are not held, or if the best and final offers upon which award will be made have been received, the offeror may be permitted to withdraw the bid, proposal or response if: A)        the mistake is clearly evident on the face of the proposal and the intended correct offer is not; B)        the offeror submits proof of evidentiary value that clearly and convincingly demonstrates that a mistake was made but does not demonstrate the intended correct offer; or C)        the offeror submits adequate proof that clearly and convincingly demonstrates the intended offer, but to allow corrections would be contrary to the fair and equal treatment of other offerors. e)         Determinations Required When a proposal is corrected or withdrawn, or correction or withdrawal is denied, the Chief Procurement Officer shall prepare a written determination documenting that relief was granted or denied in accordance with this Part. The requirement of this subsection to prepare a written determination shall not apply to "minor mistakes" as defined in subsection (d)(1).