1. (a)

   1. (1) There is a strong public interest in favor of conserving public funds in awarding public contracts, and little, if any, public benefit in disqualifying proposals for technical deficiencies in form or minor irregularities where the offeror does not derive any unfair competitive advantage therefrom.
   2. (2) The State Procurement Director or agency procurement official may waive technicalities in proposals or minor irregularities in a procurement which do not affect the material substance of the request for proposals when it is in the state’s best interest to do so.

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

   1. (1) Are in writing and signed;
   2. (2) Are received prior to the date and time of the proposal opening; and
   3. (3) Clearly indicate the date and time of proposal opening and request for proposals number.

3. (c)

   1. (1) If there is a suspected proposal mistake or the director or agency procurement official chooses to seek a clarification on a matter that is evaluated in the proposal, the director or agency procurement official may request a clarification of a proposal.

   2. (2)

      1. (A) The response by the offeror must be made in writing.
      2. (B) Clarifications made verbally, in demonstration presentations, or communicated in any other matter shall not be considered a clarifying response by the offeror, and should be reduced to a written clarification by the offeror to be considered.
   3. (3) The response of any offeror who fails or refuses to clarify in writing within a reasonable time any matter contained in his or her proposal may be rejected.
   4. (4) Any written clarification submitted shall become a part of the contract awarded on the basis of that proposal.
4. (d) Proposal prices shall not be increased after the date and hour of the proposal opening.
5. (e) When a mistake in a proposal is claimed by the vendor prior to award and the evidence is clear and convincing that a material mistake was made in the proposal, and that due to such mistake the proposal submitted was not the proposal intended, the bidder may be permitted to withdraw his or her proposal.

Codification Notes: This section was promulgated as R7:19-11-230 of the Procurement Rules prior to codification into the Code of Arkansas Rules.