Common use of Modification or Withdrawal of Proposal Clause in Contracts

Modification or Withdrawal of Proposal. Permission will not be given to modify or explain by e-mail, telephone, letter or otherwise, any proposal or bid after it has been deposited with the Department. No proposal shall be withdrawn or canceled before the time designated for opening such proposals publicly except upon such conditions as the Commissioner may deem to be necessary. No proposal shall be withdrawn or canceled after the time designated for opening such proposals publicly, except to exercise the option as provided herein. Any bidder or its duly authorized agent who is physically present at the letting and who has submitted proposals on more than one project of any one letting may, at its option and upon written request to an authorized Department representative at the letting, withdraw any or all of its additional proposals after the person who opens and reads the bids has announced that such bidder has submitted the lowest proposal on a project for which bids have last been read. When this option is exercised, the proposals for other projects in the letting will be returned to the bidder unopened or, if the bid was submitted electronically, the Department will delete the bid(s) and the bid will not be made public. No returned proposals will be considered after the bidder has exercised its privilege to withdraw the same. Any bidder exercising the privilege of so withdrawing its bid or bids waives all claims that may arise should it be found that its opened proposal is informal or for any other reason is unacceptable to the Department. The Department will open and read proposals in the order in which they are drawn and not in the order in which the projects are advertised.