OAR 137-049-0350
Mistakes


(1)

Generally. To protect the integrity of the competitive Procurement process and to assure fair treatment of Offerors, a Contracting Agency should carefully consider whether to permit waiver, correction or withdrawal of Offers for certain mistakes.

(2)

Contracting Agency Treatment of Mistakes. A Contracting Agency shall not allow an Offeror to correct or withdraw an Offer for an error in judgment. If the Contracting Agency discovers certain mistakes in an Offer after Opening, but before Award of the Contract, the Contracting Agency may take the following action:

(a)

A Contracting Agency may waive, or permit an Offeror to correct, a minor informality. A minor informality is a matter of form rather than substance that is evident on the face of the Offer, or an insignificant mistake that can be waived or corrected without prejudice to other Offerors. Examples of minor informalities include an Offeror’s failure to:

(A)

Return the correct number of Signed Offers or the correct number of other documents required by the Solicitation Document;

(B)

Sign the Offer in the designated block, provided a Signature appears elsewhere in the Offer, evidencing an intent to be bound; and

(C)

Acknowledge receipt of an Addendum to the Solicitation Document, provided that it is clear on the face of the Offer that the Offeror received the Addendum and intended to be bound by its terms; or the Addendum involved did not affect price, quality or delivery.

(b)

A Contracting Agency may correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, and the Offeror confirms the Contracting Agency’s correction in Writing. A clerical error is an Offeror’s error in transcribing its Offer. Unit prices shall prevail over extended prices in the event of a discrepancy between extended prices and unit prices.

(c)

A Contracting Agency may permit an Offeror to withdraw an Offer based on one or more clerical errors in the Offer only if the Offeror shows with objective proof and by clear and convincing evidence:

(A)

The nature of the error;

(B)

That the error is not a minor informality under this subsection or an error in judgment;

(C)

That the error cannot be corrected or waived under subsection (b) of this section;

(D)

That the Offeror acted in good faith in submitting an Offer that contained the claimed error and in claiming that the alleged error in the Offer exists;

(E)

That the Offeror acted without gross negligence in submitting an Offer that contained a claimed error;

(F)

That the Offeror will suffer substantial detriment if the Contracting Agency does not grant the Offeror permission to withdraw the Offer;

(G)

That the Contracting Agency’s or the public’s status has not changed so significantly that relief from the forfeiture will work a substantial hardship on the Contracting Agency or the public it represents; and

(H)

That the Offeror promptly gave notice of the claimed error to the Contracting Agency.

(d)

The criteria in subsection (2)(c) of this rule shall determine whether a Contracting Agency will permit an Offeror to withdraw its Offer after Closing. These criteria also shall apply to the question of whether a Contracting Agency will permit an Offeror to withdraw its Offer without forfeiture of its Bid bond (or other Bid or Proposal security), or without liability to the Contracting Agency based on the difference between the amount of the Offeror’s Offer and the amount of the Contract actually awarded by the Contracting Agency, whether by Award to the next lowest Responsive and Responsible Bidder or the best Responsive and Responsible Proposer, or by resort to a new solicitation.

(3)

Rejection for Mistakes. The Contracting Agency shall reject any Offer in which a mistake is evident on the face of the Offer and the intended correct Offer is not evident or cannot be substantiated from documents submitted with the Offer.

(4)

Identification of Mistakes after Award. The procedures and criteria set forth above are Offeror’s only opportunity to correct mistakes or withdraw Offers because of a mistake. Following Award, an Offeror is bound by its Offer, and may withdraw its Offer or rescind a Contract entered into pursuant to this division 49 only to the extent permitted by applicable law.
137–049–0100
Application
137–049–0110
Policies
137–049–0120
Definitions
137–049–0130
Competitive Bidding Requirement
137–049–0140
Contracts for Construction Other Than Public Improvements
137–049–0150
Emergency Contracts
137–049–0160
Intermediate Procurements
137–049–0200
Solicitation Documents
137–049–0210
Notice and Advertising Requirements
137–049–0220
Prequalification of Offerors
137–049–0230
Eligibility to Bid or Propose
137–049–0240
Pre-Offer Conferences
137–049–0250
Addenda to Solicitation Documents
137–049–0260
Request for Clarification or Change
137–049–0270
Cancellation of Solicitation Document
137–049–0280
Offer Submissions
137–049–0290
Bid or Proposal Security
137–049–0300
Facsimile Bids and Proposals
137–049–0310
Electronic Procurement
137–049–0320
Pre-Closing Modification or Withdrawal of Offers
137–049–0330
Receipt, Opening and Recording of Offers
137–049–0340
Late Bids, Late Withdrawals and Late Modifications
137–049–0350
Mistakes
137–049–0360
First-Tier Subcontractors
137–049–0370
Disqualification of Persons
137–049–0380
Bid or Proposal Evaluation Criteria
137–049–0390
Offer Evaluation and Award
137–049–0395
Notice of Intent to Award
137–049–0400
Documentation of Award
137–049–0410
Time for Contracting Agency Acceptance
137–049–0420
Negotiation With Bidders Prohibited
137–049–0430
Negotiation When Bids Exceed Cost Estimate
137–049–0440
Rejection of Offers
137–049–0450
Protest of Contractor Selection, Contract Award
137–049–0460
Performance and Payment Security
137–049–0470
Substitute Contractor
137–049–0490
Foreign Contractor
137–049–0600
Purpose
137–049–0610
Definitions for Alternative Contracting Methods
137–049–0620
Use of Alternative Contracting Methods
137–049–0630
Findings, Notice and Hearing
137–049–0640
Competitive Proposals
137–049–0645
Requests for Qualifications (RFQ)
137–049–0650
Requests for Proposals (“RFP”)
137–049–0660
RFP Pricing Mechanisms
137–049–0670
Design-Build Contracts
137–049–0680
Energy Savings Performance Contracts (ESPC)
137–049–0690
Construction Manager/General Contractor Services (“CM/GC Services”)
137–049–0800
Required Contract Clauses
137–049–0810
Waiver of Delay Damages Against Public Policy
137–049–0815
BOLI Public Works Bond
137–049–0820
Retainage
137–049–0830
Contractor Progress Payments
137–049–0840
Interest
137–049–0850
Final Inspection
137–049–0860
Public Works Contracts
137–049–0870
Specifications
137–049–0880
Records Maintenance
137–049–0890
Contracting Agency Payment for Unpaid Labor or Supplies
137–049–0900
Contract Suspension
137–049–0910
Changes to the Work and Contract Amendments
Last Updated

Jun. 8, 2021

Rule 137-049-0350’s source at or​.us