1537.1 If a mistake in a bid is not discovered until after award, the mistake may be corrected by contract amendment if correcting the mistake would be favorable to the District without changing the essential requirements of the specifications.

1537.2 In addition to the cases contemplated in §1537.1 or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, the Director shall make one (1) of the following determinations:

(a) To rescind a contract;

(b) To reform a contract to delete the items involved in the mistake or to reform a contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original IFB; or

(c) That no change shall be made in the contract as awarded.

1537.3 Determinations under §§1537.2(a) and 1537.2(b) shall be made only on the basis of clear and convincing evidence that a mistake was mutual or unilaterally made by the contractor, and was so apparent as to have given the contracting officer notice of the probability of the mistake.

1537.4 Each proposed determination shall be submitted to the Attorney General for review.

1537.5 Each agency shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

SOURCE: Final Rulemaking published at 35 DCR 1437 (February 26, 1988).