(A) No correction. If a mistake is attributable to an error judgment, the bid may not be corrected. Bid correction or withdrawal by reason of an inadvertent, non-judgmental mistake is permissible, but at the discretion of the Purchasing Agent and to the extent it is not contrary to the interest of the purchasing agency or the fair treatment of the other bidders.
(B) Mistakes discovered before opening. A bidder may correct mistakes discovered before bid opening by withdrawing or correcting the bid as provided in § 34.044 of this chapter.
(C) Confirmation of bid. When it appears from a review of the bid that a mistake has been made, the bidder should be requested 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. If the bidder alleges mistake, the bid may be corrected or withdrawn if the conditions set forth in divisions (A) above and (D) and (F) below are met.
(D) Mistakes discovered after opening, but before award. This division (D) sets forth procedures to be applied in three situations described in divisions (D)(1), (D)(2) and (D)(3) below in which mistakes in bids are discovered after opening, but before award.
(E) Minor informalities. Minor informalities are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery or contractual conditions is not significant. The Purchasing Agent may waive such informalities. Examples include the failure of a bidder to:
(1) Return the number of signed bids required by the invitation for bids;
(2) Sign the bid, but only if the unsigned bid is accompanied by other material indicating the bidder’s intent to be bound;
(3) Acknowledge receipt of an amendment to the invitation for bids, but only if:
(a) It is clear from the bid that the bidder received the amendment and intended to be bound by its terms; or
(b) The amendment involved had a negligible effect on price, quantity, quality or delivery.
(F) Mistakes where intended bid is evident. If the mistake and the intended bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended bid and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors and arithmetical errors.
(G) Mistakes where intended bid is not evident. A bidder may be permitted to withdraw a low bid if:
(1) A mistake is clearly evident on the face of the bid document, but the intended bid is not similarly evident; or
(2) The bidder submits proof of evidentiary value which clearly and convincingly demonstrates that a mistake was made.
(H) Mistakes discovered after award. Mistakes shall not be corrected after award of the contract.
(I) Written approval or denial required. The Purchasing Agent shall approve or deny, in writing, a bidder’s request to correct or withdraw a bid. Such approval or denial may be so indicated on the bidder’s written request for correction or withdrawal.
(Ord. 2020-04, passed 2-18-2020)