OAR 731-005-0620
Mistakes

(1)

General. To protect the integrity of the competitive solicitation process and to assure fair treatment of Offerors, ODOT shall carefully consider whether to permit waiver, correction or withdrawal for certain mistakes.

(2)

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

(a)

ODOT 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

(b)

ODOT may correct a clerical error if the intended Offer and the error are evident on the face of the Offer, or other documents submitted with the Offer, and the Offeror confirms ODOT’s correction in Writing. A clerical error is an Offeror’s error in transcribing its Offer. Examples include typographical mistakes, errors in extending unit prices, transposition errors, arithmetical errors, instances in which the intended correct unit or amount is evident by simple arithmetic calculations (for example, a missing unit price may be established by dividing the total price for the units by the quantity of units for that item or a missing, or incorrect total price for an item may be established by multiplying the unit price by the quantity when those figures are available in the Offer). In the event of a discrepancy, unit prices shall prevail over extended prices.

(c)

ODOT may permit an Offeror to withdraw an Offer based on other errors only if the Offeror shows by clear and convincing evidence to the satisfaction of ODOT:

(A)

The nature of the error on the face of the Offer or documents submitted with the Offer, pursuant to the solicitation requirements; and

(B)

That the error is not a judgment error, minor informality or clerical error.

(3)

Rejection for Mistakes. ODOT 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, pursuant to solicitation requirements.

Source: Rule 731-005-0620 — Mistakes, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=731-005-0620.

731‑005‑0400
Repealed Rules 731‑005‑0410
Effective Date 731‑005‑0420
Scope 731‑005‑0430
Definitions 731‑005‑0440
Competitive Procurement 731‑005‑0460
Eligibility to Bid or Propose on Construction or Landscape Contracts 731‑005‑0470
Solicitation Methods 731‑005‑0480
Brand Name Products 731‑005‑0490
Bids or Proposals Are Offers 731‑005‑0500
Facsimile Bids and Proposals 731‑005‑0505
Electronic Procurement 731‑005‑0510
Use of Electronic Data Interchange 731‑005‑0520
Notice and Advertising Requirements 731‑005‑0530
Offer Preparation 731‑005‑0540
Offeror Submissions 731‑005‑0550
Bid or Proposal Security 731‑005‑0560
Pre-Offer Conferences 731‑005‑0570
Solicitation Protest 731‑005‑0580
Addenda to a Solicitation Document 731‑005‑0590
Pre-Opening Modification or Withdrawal of Offers 731‑005‑0600
Receipt, Opening, and Recording of Offers 731‑005‑0610
Late Offers, Late Withdrawals and Late Modifications 731‑005‑0620
Mistakes 731‑005‑0630
Time for Agency Acceptance 731‑005‑0640
Extension of Time for Acceptance of Offer 731‑005‑0650
Offer Evaluation and Award 731‑005‑0660
Tie Offers 731‑005‑0670
Rejection of an Offer 731‑005‑0680
Rejection of All Offers 731‑005‑0690
Protest of Contractor Selection, Contract Award 731‑005‑0700
Negotiation with Bidders 731‑005‑0710
Disqualification of an Entity 731‑005‑0720
Cancellation of Solicitation 731‑005‑0730
Disposition of Offers if Solicitation Canceled 731‑005‑0740
Documentation of Award 731‑005‑0750
Non-Resident Contractor 731‑005‑0760
Availability of Award Decisions 731‑005‑0770
Performance Security
Last Updated

Jun. 8, 2021

Rule 731-005-0620’s source at or​.us