Mistakes. If the Board discovers certain mistakes in a Proposal before award of
the Contract, and the mistakes are not identified as those qualifying as
non-responsive to the specifications of the procurement, the Board may take the
following action unless otherwise allowed under the procurement:
(a) The Board may waive a minor formaility,
or permit a Proposer to correct a minor informality. A minor informality is a
matter of form(s) rather than substance that is evident on the face of the
Proposal, or an insignificant mistake that can be waived or corrected without
prejudice to other Proposers. Mistakes including, but not limited to,
signatures not affixed to the proposal document, proposals sent to the
incorrect address, insufficient number of proposals submitted, incorrect
format, etc., will not be considered minor.
(b) The Board may correct a clerical error if
the intended Proposal and the error are evident on the face of the Proposal, or
other documents submitted with the Proposal, and the Proposer confirms the
Board's correction in writing. A clerical error is a Proposer's error in
transcribing its Proposal.
(2) Rejection for Mistakes. Unless otherwise
allowed under the procurement, the Board may reject any Proposal in which a
mistake is evident on the face of the Proposal and the intended correct
Proposal is not evident or cannot be substantiated from documents accompanying
the Proposal; i.e., documents submitted with the Proposal. In order to insure
integrity of the competitive procurement process and to assure fair treatment
of Proposers, mistakes discovered that are contrary to the specifications of
the procurement will be carefully reviewed and will be determined, under the
sole authority of the Board, to be waived or not be waived.
(3) If the Board discovers mistakes in the
proposal after award, and the mistakes are not considered minor, the Board
reserves the right to determine if the award will be revoked and then will
re-evaluate proposals deemed to be in second, third, fourth, etc., in the
Or. Admin. R.
PEBB 1-2003, f. & cert.
ef. 12-4-03; PEBB 1-2004, f. & cert. ef. 7-2-04; PEBB 2-2005, f. 7-26-05,
cert. ef. 7-29-05; PEBB 3-2010, f. 9-23-10, cert. ef. 10-1-10; PEBB 10-2018,
temporary amend filed 09/11/2018, effective 09/11/2018 through 03/09/2019;
2-2019, amend filed 03/19/2019, effective
Statutory/Other Authority: ORS
Statutes/Other Implemented: ORS