3234 MISTAKES IN BIDS BEFORE AWARD

3234.1 After the opening of bids, the contracting officer shall examine each bid for mistakes.3234.2 In cases of apparent mistakes and in cases where the contracting officer has reason to believe that a mistake may have been made, the contracting officer shall request from the bidder a verification of the bid and call attention to the suspected mistake.3234.3 If the bidder alleges a mistake, the matter shall be processed before award in accordance with this section.3234.4 The contracting officer may correct an apparent clerical mistake before award. If correction is allowed, the bid shall be corrected to the intended correct bid and may not be withdrawn.3234.5 The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the IFB and shall not be used to permit correction of bids to make them responsive.3234.6 If the mistake and the intended bid are clearly evident on the face of the bid document, the bid shall be corrected to the intended correct bid and may not be withdrawn3234.7 A bidder may be permitted to withdraw a low bid in either of the following circumstances:- (a) If a mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or

- (b) If the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.3234.8 When a bid is corrected or withdrawn, or correction or withdrawal is denied, the contracting officer shall prepare a determination showing that the relief was granted or denied in accordance with this section.

SOURCE: Final Rulemaking published at 39 DCR 2566 (April 10, 1992).