The following shall apply to the correction or withdrawal of
an unintentionally erroneous proposal, or the cancellation of an award or
contract that is based on an unintentionally erroneous proposal. A decision to
permit the correction or withdrawal of a proposal or the cancellation of an
award or a contract shall be supported in a written document, signed by the
chief procurement officer or head of a procurement unit with independent
procurement authority.
(1) Mistakes
attributed to an offeror's error in judgment may not be corrected.
(2) Unintentional errors not attributed to an
offeror's error in judgment may be corrected if it is in the best interest of
the procurement unit and correcting the error maintains the fair treatment of
other offerors.
(a) Examples include:
(i) missing signatures,
(ii) missing acknowledgement of an
addendum;
(iii) missing copies of
professional licenses, bonds, insurance certificates, provided that copies are
submitted by the deadline established by the chief procurement officer or head
of a procurement unit with independent procurement authority to correct this
mistake;
(iv) typographical
errors;
(v) mathematical errors not
affecting the total proposed price; or
(vi) other errors deemed by the chief
procurement officer or head of a procurement unit with independent procurement
authority to be immaterial or inconsequential in nature.
(3) Unintentional errors
discovered after the award of a contract may only be corrected if, after
consultation with the chief procurement officer or head of a procurement unit
with independent procurement authority and the attorney general's office or
other applicable legal counsel, it is determined that the correction of the
error does not violate the requirements of the Utah Procurement Code or these
administrative rules.
