3235.1 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 University and can be accomplished without changing the essential requirements of the specifications.

3235.2 In addition to corrections authorized in §3235.1, or corrections that are otherwise authorized by law, if a mistake in a winning bid is not discovered until after an award is made, the Director shall take one (1) of the following actions:

(a) Rescind the contract;

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

(c) Determine in writing that no change shall be made in the contract as awarded.

3235.3 Recision and reformation actions under §§3235.2(a) and 3235.2(b) shall be taken only on the basis of clear and convincing evidence that the mistake was mutual, or was unilaterally made by the contractor and was so apparent as to have given the contracting officer notice of the probability of the mistake.

3235.4 The contracting officer shall include in the contract file a record of each determination made and action taken in accordance with this section, the facts involved, and the reasons for the action taken.

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