(a)
- (1) An offeror may modify its offer in writing prior to closing.
- (2) An offeror shall prepare and submit any modifications to its offer to the Office of the Arkansas Lottery.
- (3) The last offer received by the office prior to closing will supersede any previous offers received unless the offer is identified by the offeror as an alternate offer.
- (b) Change in circumstance. Each offeror is under a continuing obligation to notify the office following the submission of a proposal of any changes to the information, data, or facts submitted in their response that could reasonably be expected to affect the office’s consideration of the proposal.
(c) Withdrawals.
- (1) An offeror may withdraw its offer by written notice submitted on the offeror's letterhead, signed by an authorized representative of the offeror, delivered to the office, and received by the office prior to closing.
- (2) The offeror or authorized representative of the offeror may also withdraw its offer in person prior to closing upon presentation of appropriate identification and evidence of authority satisfactory to the office.
- (3) After the solicitation deadline, a vendor may withdraw its bid, offer, quote, or proposal, or other response or a portion thereof only upon a written determination by the office that there is an obvious error in such response and where the enforcement of the response would impose an unconscionable hardship on the vendor.
- (4) A reduction or diminution in profit margin shall not be deemed an unconscionable hardship under this subsection.