Or. Admin. R. 111-005-0050 - Mistakes
(1) Treatment of
mistakes. If OEBB 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, OEBB may take the
following action:
(a) Waive or permit a
Proposer to correct a minor informality. A minor informality is a matter of
form 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, or incorrect format will not be considered
minor.
(b) 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
correction in writing. A clerical error includes, but is not limited to, a
Proposer's error in transcribing its Proposal.
(2) Rejection for mistakes. OEBB 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. In order to ensure 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 sole authority of
OEBB, to be waived or not be waived.
(3) If OEBB discovers mistakes in the
Proposal after award, and the mistakes are not considered minor, OEBB reserves
the right to determine if the award will be revoked. OEBB will then re-evaluate
Proposals deemed to be in second, third, fourth, etc., in the
standings.
Notes
Stat. Auth.: Ch. 7 OL 2007
Stats. Implemented: Sec. 19, Ch. 7 OL 2007
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