1. (a) Correction or withdrawal of bids.

   1. (1) The State Procurement Director or agency procurement official may waive technicalities (small details) or minor irregularities (something irregular in form or nature) in bids which do not affect the material substance of the bids when it is in the state’s best interest to do so.

   2. (2) Amendments to bids shall be allowed if the amendments:

      1. (A) Are in writing and signed;
      2. (B) Are received prior to the date and time of bid opening; and
      3. (C) Clearly indicate the date and time of bid opening and bid number.

   3. (3)

      1. (A) If there is a suspected bid mistake, the director or agency procurement official may request confirmation of a bid and shall request the confirmation to be made in writing.
      2. (B) The bid of any bidder who fails or refuses to clarify in writing within a reasonable time any matter contained in his or her bid may be rejected.
      3. (C) The written clarification shall become a part of the contract awarded on the basis of that bid.

   4. (4)

      1. (A) Bid prices shall be based on the unit prices and any correction of the price extension or of the price addition by the Office of State Procurement or state agency having an agency procurement official shall not be considered the correction of a bid.
      2. (B) Bid prices shall not be increased after the date and hour of bid opening.
      3. (C) A bid price may be decreased only after a determination has been made that the bid is low.
   5. (5) An otherwise low bidder may be permitted the opportunity to furnish other information requested in the invitation for bids and not supplied due to oversight, so long as it does not affect responsiveness.

   6. (6)

      1. (A) When a mistake in a bid is claimed by the vendor prior to award and the evidence is clear and convincing that a material mistake was made in the bid, and that due to such mistake the bid submitted was not the bid intended, the bidder may be permitted to withdraw his or her bid.
      2. (B) Where the evidence is clear and convincing that a material mistake has been made in a bid after the award of a contract and the contractor will sustain a financial loss (a reduction or diminution in profit margin shall not be deemed a financial loss under this subsection) if required to perform the contract, the contract may be rescinded.
2. (b) Correction. Any negotiated adjustments, as defined in Arkansas Code § 19-11-229(h), will not be considered the correction of a bid.

Codification Notes: This section was promulgated as R10:19-11-229 of the Procurement Rules prior to codification into the Code of Arkansas Rules.