Common use of Mistakes Where Intended Correct Bid is Not Evident Clause in Contracts

Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. 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: (A) the mistake was known or made known to the agency prior to supplier selection or within three days after the opening of the bid, whichever period is shorter; (B) the price bid was based on an error of such magnitude that enforcement would be unconscionable; (C) 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; (D) 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from inspection of the original work paper, documents, or materials used in the preparation of the bid sought to be withdrawn; and (E) it is possible to place the City in the same condition that had existed prior to the receipt of the bid.

Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. 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 ACCOAgency Chief Contracting Officer: (Ai) the mistake was known or made known to the agency prior to supplier vendor selection or within three days after the opening of the bid, whichever period is shorter; (Bii) the price bid was based on an error of such magnitude that enforcement would be unconscionable; (Ciii) 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; (Div) 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 (Ev) it is possible to place the City in the same condition that had existed prior to the receipt of the bid. Upon approval of the Agency Chief Contracting Officer, the bid may be withdrawn, and the bid bond or other security returned to the Bidder. The contract shall either be awarded to the next lowest bidder or resolicited pursuant to the Procurement Policy Board Rules. Under no circumstances shall a bid be amended or revised to rectify the error or mistake.

Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. 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: (A) the mistake was known or made known to the agency prior to supplier selection or within three days after the opening of the bid, whichever period is shorter; (B) the price bid was based on an error of such magnitude that enforcement would be unconscionable; (C) 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; (D) 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 complication 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 (E) it is possible to place the City in the same condition that had existed prior to the receipt of the bid.

Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. 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: (A) a. the mistake was known or made known to the agency prior to supplier selection or within three days after the opening of the bid, whichever period is shorter; (B) b. the price bid was based on an error of such magnitude that enforcement would be unconscionable; (C) c. 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; (D) d. 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 complication 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 (E) e. it is possible to place the City in the same condition that had existed prior to the receipt of the bid. Upon the approval of the ACCO, the bid may be withdrawn, and the bid bond or other security, if any, returned to the bidder. Thereafter, the Agency may, in its discretion, award the Contract to the next lowest bidder or resolicit a contract pursuant to the PPB Rules. Under no circumstances shall a bid be amended or revised to rectify the error or mistake.

Mistakes Where Intended Correct Bid is Not Evident. Mistakes may not be corrected after bid opening. 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: (Aa) the mistake was known or made known to the agency prior to supplier bidder selection or within three days after the opening of the bid, whichever period is shorter; (Bb) the price bid was based on an error of such magnitude that enforcement would be unconscionable; (Cc) 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; (Dd) 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 (Ee) it is possible to place the City in the same condition that had existed prior to the receipt of the bid.