Section 2600.345  Mistakes

a)         When the Procurement Officer becomes aware that a mistake has been made, he or she shall 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  If the vendor alleges a mistake, the bid or proposal may be corrected or withdrawn if the conditions set forth in this Section, as applicable, are met.

b)         Mistakes in Bids Discovered After Opening but Before Award

1)         Minor Informalities.  A minor informality or irregularity is one that is a matter of form or pertains to some immaterial or inconsequential defect or variation of a bid from the exact requirement of the Invitation for Bids, the correction or waiver of which would not be prejudicial to the State (i.e., the effect on price, quality, quantity, delivery, or contractual conditions is negligible).  The Procurement Officer shall waive such informalities or allow the bidder to correct them depending on which is in the best interest of SBEL. 

2)         Mistakes in which Intended Correct Bid Is Evident.  If the mistake and the intended correct bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn.

3)         A bidder may be permitted to withdraw a low bid due to mistake if the mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident or the bidder submits proof of evidentiary value that clearly demonstrates that a mistake was made.

c)         Once discussions are commenced with any offeror or after Best and Final offers are requested, any offeror may propose to correct any mistake prior to the date set for conclusion of discussions or for receipt of Best and Final offers, provided the correction would not be contrary to the fair and equal treatment of other offerors.  Mistakes shall not be corrected after award of the contract, except when the Procurement Officer finds it would result in an unconscionable windfall to the State.

d)         In any circumstance in which a proposal is corrected or withdrawn, or correction or withdrawal is denied, the Procurement Officer shall prepare a written determination showing that relief was granted or denied in accordance with this Part.