Ariz. Admin. Code § R7-2-1030 - Mistakes in Bids

A. If an apparent mistake in a bid, relevant to the award determination, is discovered after opening and before award, a school district shall contact the bidder for written confirmation of the bid. If the bidder fails to act, the bidder is considered nonresponsive and the school district shall place a written determination that the bidder is nonresponsive in the procurement file. The school district shall designate a time-frame within which the bidder shall either:

1. Confirm that no mistake was made and assert that the bid stands as submitted; or

2. Acknowledge that a mistake was made and include all of the following in a written response:

a. An explanation of the mistake and any other relevant information;

b. A request for correction including the corrected bid or a request for withdrawal; and

c. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

B. A bidder who discovers a mistake in its bid after bid opening and before award, may request correction or withdrawal in writing and shall include all of the following in the written request:

1. An explanation of the mistake and any other relevant information;

2. A request for correction including the corrected bid or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

A. C.After bid opening and before award, a bid mistake based on an error in judgment may not be corrected or withdrawn. Other bid mistakes may be corrected or withdrawn pursuant to subsections (D) through (F).

B. D.After bid opening and before award, the school district shall either waive minor informalities in a bid or allow the bidder to correct them if correction is advantageous to the school district.

C. E.After bid opening and before award, the bid may not be withdrawn and shall be corrected to the intended bid if a bid mistake and the intended bid are evident on the face of the bid.

D. F.After bid opening and before award, the school district may permit a bidder to withdraw a bid if:

1. A nonjudgmental mistake is evident on the face of the bid but the intended bid is not evident; or

2. The bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

E. Mistakes shall not be corrected after award of the contract except where the school district makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

F. G.If correction or withdrawal of a bid after bid opening is permitted or denied under subsections (D), (F) and (J), the school district shall prepare a written determination showing that the relief was permitted or denied under this Section.

G. H.Notwithstanding other provisions of this Section, after bid opening and before award, no corrections in bid prices or other provisions of bids prejudicial to the interest of the school district or fair competition shall be permitted.

I. If a mistake in the bid is discovered after the award, the bidder may request withdrawal or correction in writing and shall include all of the following in the written request:

1. An explanation of the mistake and any other relevant information;

2. A request for correction including the corrected bid or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and advantageous to the school district.

J. Based on the considerations of fair competition and the best interest of the school district, the school district may take one of the following actions regarding a bid mistake discovered after the award:

1. Allow correction of the mistake, if the corrected bid amount is less than the next lowest bid;

2. Cancel all or part of the award; or

3. Deny correction or withdrawal.

K. After cancellation of all or part of an award in accordance with subsection (J)(2), if the bid acceptance period has not expired, the school district may award all or part of the contract to the next lowest responsible and responsive bidder, based on the considerations of fair competition and the best interest of the school district.

Notes

Ariz. Admin. Code § R7-2-1030

Adopted effective December 17, 1987 (Supp. 87-4). Amended by exempt rulemaking at 33 A.A.R. 1525, effective 7/1/2014.