Haw. Code R. § 3-122-31

Current through November, 2024
Section 3-122-31 - Mistakes in bid
(a) An obvious mistake in a bid may be corrected or withdrawn, or waived by the offeror to the extent it is not contrary to the best interest of the purchasing agency or to the fair treatment of other bidders.
(b) A mistake in a bid discovered before the deadline for receipt of bids may be corrected or withdrawn as provided in section 3-122-16.07.
(c) A mistake in a bid discovered after the deadline for receipt of bids but prior to award may be:
(1) Corrected or waived under the following conditions:
(A) If the mistake is attributable to an arithmetical error, the procurement officer shall so correct the mistake. In case of error in extension of bid price, unit price shall govern;
(B) If the mistake is a minor informality which shall not affect price, quantity, quality, delivery, or contractual conditions, the procurement officer may waive the informalities or allow the bidder to request correction by submitting documentation that demonstrates a mistake was made. Examples of mistakes include:
(i) Typographical errors;
(ii) Transposition errors;
(iii) Failure of a bidder to sign the bid or provide an original signature, but only if the unsigned bid or photocopy is accompanied by other material indicating the bidder's intent to be bound;
(C) The procurement officer may correct or waive the mistake if it is not allowable under subparagraphs (A) and (B), but is an obvious mistake that if allowed to be corrected or waived is in the best interest of the purchasing agency and is fair to other bidders;
(2) Withdrawn if the mistake is attributable to an obvious error that shall affect price, quantity, quality, delivery, or contractual conditions, provided:
(A) The bidder requests withdrawal by submitting documentation that demonstrates a mistake was made; and
(B) The procurement officer prepares a written approval or denial in response to this request.
(d) A mistake in a bid discovered after award of contract may be corrected or withdrawn if the chief procurement officer or head of the purchasing agency makes a written determination that it would be unreasonable not to allow the mistake to be remedied or withdrawn.
(e) The determination required by this section shall be final and conclusive unless clearly erroneous, arbitrary, capricious, or contrary to law.

Haw. Code R. § 3-122-31

[Eff 12/15/95; am and comp 11/17/97; am and comp MAR 21 2008] (Auth: HRS §§ 103D-202, 103D-318) (Imp: HRS §§ 103D-302, 103D-318)