MISTAKES IN BIDS Clause Samples
The "Mistakes in Bids" clause defines how errors made by a bidder in their submitted proposal are addressed during the bidding process. Typically, this clause outlines the circumstances under which a bidder may correct, withdraw, or be held to a bid that contains a mistake, such as mathematical errors or miscalculations. For example, it may allow withdrawal of a bid if the mistake is obvious and material, but not for minor or clerical errors. The core function of this clause is to provide a fair and transparent process for handling bid errors, protecting both the integrity of the bidding process and the interests of all parties involved.
MISTAKES IN BIDS. 20.1. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
20.2. A Bidder may correct mistakes discovered before the Bid Opening by withdrawing or correcting the Bid as provided in Article 20.
20.3. If a Bidder alleges a mistake in its Bid after Bid Opening and before award, the Bid may be corrected or withdrawn upon written approval of the ACCO if the following conditions are met:
20.3.1. Minor informalities are matters of form, rather than substance, evident from the Contract Documents or insignificant mistakes that can be waived or corrected without prejudice to other Bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the Bidder to correct them depending on which is in the best interest of the City;
20.3.2. If the mistake and the intended correct Bid are clearly evident on the face of the Contract Documents, the Bid shall be corrected to the intended correct Bid and may not be withdrawn.
20.3.3. A Bidder may be permitted to withdraw a low Bid where a unilateral error or mistake has been discovered in the Bid and the Contracting Officer makes the following determination, which shall be approved by the ACCO:
20.3.3.1. The mistake was known or made known to NYCDOT prior to Bidder selection or within three (3) Days after the Bid Opening, whichever period is shorter;
20.3.3.2. The Bid price was based on an error of such magnitude that enforcement would be unconscionable;
20.3.3.3. The Bid was submitted in good faith and the Bidder submits credible evidence that the mistake was a clerical error as opposed to a judgment error;
20.3.3.4. The error in Bid is actually due to an unintentional and substantial arithmetic error or unintentional omission of a substantial quantity of work, labor, material, goods, or services made directly in the compilation of the Bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of the original work paper, documents, or materials used in the preparation of the Bid sought to be withdrawn; and
20.3.3.5. It is possible to place the City in the same condition that had existed prior to the receipt of the ...
MISTAKES IN BIDS. If a mistake in the Bid is attributable to an error in judgment, the Bid may not be corrected. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other Bidders.
MISTAKES IN BIDS a. A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided in Section 7, above.
b. In accordance with Section 3-02(m) of the Procurement Policy Board Rules, if a bidder alleges a mistake in bid after bid opening and before award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer and Agency Counsel if the following conditions are met:
(i) Minor Informalities. Minor informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer may waive such informalities or allow the bidder to correct them depending on which is in the best interest of the City.
MISTAKES IN BIDS a. A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided by Section 3-02(j) of the Procurement Policy Board Rules.
b. In accordance with Section 3-02(m) of the Procurement Policy Board Rules, if a bidder alleges a mistake in bid after bid opening and before award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer (ACCO).
MISTAKES IN BIDS. 1 General In accordance with Chapter Three, Section 3-02(m) of the Procurement Policy Board Rules, correction or withdrawal of a bid because of an inadvertent, non-judgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system. Bid correction or withdrawal by reason of a non-judgmental mistake is permissible, but only to the extent that it is not contrary to the interest of the City or the fair treatment of other bidders.
MISTAKES IN BIDS. 9.01 A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided in this Article 9 below.
9.02 In accordance with Section 3-02(m) of the Procurement Policy Board Rules, if a bidder alleges a mistake in bid after bid opening and before an award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer and Agency Counsel if the following conditions are met:
a. Minor Informalities: Minor informalities in bids are matters of form rather than substance evident from the bid document, or insignificant mistakes that can be waived or corrected without prejudice to other bidders; that is, the effect on price, quantity, quality, delivery, or contractual conditions is negligible. The Contracting Officer (as defined in the PPB Rules of the City of New York) may waive such informalities or allow the bidder to correct them depending on which is in the best interest of the City.
MISTAKES IN BIDS a. A bidder may correct mistakes discovered before the time and date set for bid opening by withdrawing or correcting the bid as provided by Section 3-02(j) of the Procurement Policy Board Rules. In accord with such Section 3-02, to withdraw and/or modify its bid, the Bidder must give written notice to the Agency Contact listed on the first page of this IFB, and such written notice must be received on or before the time and date set for bid opening.
b. In accordance with Section 3-02(m) of the Procurement Policy Board Rules, if a bidder alleges a mistake in bid after bid opening and before award, the bid may be corrected or withdrawn upon written approval of the Agency Chief Contracting Officer.