Or. Admin. Code § 629-029-0075

Current through Register Vol. 63, No. 12, December 1, 2024

Section 629-029-0075 - Mistakes in Bids

(1) General. Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. Except as provided in this rule, if the mistake is attributable to an error in judgment, the bid may not be corrected. Bid correction or withdrawal by reason of a nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the STATE or the fair treatment of other bidders.

(2) Mistakes discovered after bid opening but before award. This subsection prescribes procedures to be applied in situations where mistakes in bids are discovered after the time and date set for bid opening but before award:

(a) Minor informalities. Minor informalities are matters of form rather than substance that are evident from the bid documents, or are insignificant mistakes that can be waived or corrected promptly without prejudice to other bidders, or the STATE.

(b) Mistakes where intended, correct bid is evident. If the mistake and the intended correct bid item are clearly evident on the face of the bid form, or can be substantiated from accompanying documents, the STATE may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. In the event a bidder mistakenly submits more than one bid amount, the highest bid amount shall be considered the intended bid.

(c) Mistakes where intended correct bid is not evident. The STATE may not accept a bid in which a mistake is clearly evident on the face of the bid form but the intended correct bid is not clearly evident or cannot be substantiated from accompanying documents.

(3) Mistakes discovered after award.

(a) Each bidder and its surety shall be the sole guarantors of the correctness and accuracy of its bid. A claim of a mistake in the bid which is not brought to the notice of the STATE agent issuing the Notice of Award until after the award has been issued shall not be cause for cancellation, rescission, adjustment or correction of the contract and no relief from a claimed mistake in bid brought to the STATE's attention after award shall be allowed on the basis of a claim that the STATE knew or should have known of the mistake alleged.

(b) The STATE in its sole discretion may permit adjustment of the contract if:

(A) Correction of the mistake results in a contract that is more favorable to the STATE, price and other factors considered; and

(B) The offer as corrected remains responsive to the original solicitation;and

(C) Allowing the correction will not cause the contract resulting to be less favorable to the STATE than a contract that would result if the offer of the next highest bidder were accepted.

Or. Admin. Code § 629-029-0075

FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Stat. Auth.: ORS 526.041

Stats. Implemented: ORS 530.050