Section 8.2038  Modification or Withdrawal of Bids or Proposals

a)         Modification or Withdrawal  A bidder or offeror may withdraw or modify a bid or proposal if notice of the withdrawal or modification is received by the bid officer before the latest time specified for receipt of bids or proposals.  Any modification or withdrawal, however, must be made in writing and conveyed directly to the bid officer prior to the scheduled bid or proposal opening.  The SPO may allow all modifications or withdrawals by printed form conveyed by electronic mail or fax. Method of submittal of withdrawal and modification must be included in the bid documents including any specific fax numbers or e-mail addresses.

1)         Withdrawal of bids or proposals after bid or proposal opening will not ordinarily be permitted.  A thorough analysis of the request for withdrawal of bid or proposal, including a recommendation to approve or deny the request, must be provided to the SPO. In cases in which, in the judgment of the SPO, based on credible, clear and concise evidence, the bidder or offeror has made a bona fide error in the preparation of the bid or proposal and that error will result in a substantial loss to the bidder or offeror, a withdrawal may be made at the SPO's discretion.

2)         Minor Informalities or irregularities.  A minor informality or irregularity is one that is a matter of form or pertains to some immaterial or inconsequential defect or variation from the exact requirement of the solicitation, the correction or waiver of which would not be prejudicial to the State (i.e., the effect on quality, quantity, delivery or contractual conditions is negligible).  The bid officer shall waive these informalities or irregularities allowing correction if to allow such correction is in the best interests of the State.  A record of minor informalities and irregularities shall be maintained in the Procurement File and is subject to review by the SPO during the award process. Examples of minor informalities as to form include the failure to:

A)        return the required number of signed copies required by the IFB;

B)        acknowledge receipt of an amendment to the solicitation, but only if:

i)          it is clear from the bid that the offeror received the amendment and intended to be bound by its terms; or

ii)         the amendment involved had a negligible effect on quantity, quality or delivery.

b)         Documentation Required.  When a bid or proposal is corrected or withdrawn, or correction or withdrawal is denied, a written determination shall be prepared by the bid officer and provided to the SPO showing that relief was granted or denied in accordance with this Part.