1. A. General Application.

   Any bid which fails to conform to the essential requirements of the invitation for bids shall be rejected.

2. B. Alternate Bids.

   Any bid which does not conform to the specifications contained or referenced in the invitation for bids may be rejected unless the invitation authorized the submission of alternate bids and the supplies offered as alternates meet the requirements specified in the invitation.

3. C. Any bid which fails to conform to the delivery schedule, to permissible alternates thereto stated in the invitation for bids, or to other material requirements of the solicitation may be rejected as nonresponsive.

4. D. Modification of Requirements by Bidder.

   1. (1) Ordinarily a bid should be rejected when the bidder attempts to impose conditions which would modify requirements of the invitation for bids or limit his liability to the State, since to allow the bidder to impose such conditions would be prejudicial to other bidders. For example, bids should be rejected in which the bidder:

      1. (a) attempts to protect himself against future changes in conditions, such as increased costs, if total possible cost to the State cannot be determined;
      2. (b) fails to state a price and in lieu thereof states that price shall be “price in effect at time of delivery;”
      3. (c) states a price but qualified such price as being subject to “price in effect at time of delivery;”
      4. (d) when not authorized by the invitation, conditions or qualifies his bid by stipulating that his bid is to be considered only if, prior to date of award, bidder receives (or does not receive) award under a separate procurement;
      5. (e) requires the State to determine that the bidder’s product meets state specifications; or
      6. (f) limits the rights of the State under any contract clause.
   2. (2) Bidders may be requested to delete objectionable conditions from their bid provided that these conditions do not go to the substance, as distinguished from the form, of the bid or work an injustice on other bidders. Bidder should be permitted the opportunity to furnish other information called for by the Invitation for Bids and not supplied due to oversight, so long as it does not affect responsiveness.

5. E. Price Unreasonableness.

   Any bid may be rejected if the responsible procurement officer determines in writing that it is unreasonable as to price.

6. F. Bid Security Requirement.

   When a bid security is required and a bidder fails to furnish it in accordance with the requirements of the invitation for bids, the bid shall be rejected.

7. G. Exceptions to Rejection Procedures.

   Any bid received after the procurement officer of the governmental body or his designee has declared that the time set for bid opening has arrived, shall be rejected unless the bid had been delivered to the location specified in the solicitation or the governmental bodies’ mail room which services that location prior to the bid opening.

HISTORY: Added by State Register Volume 6, Issue No. 7, eff May 7, 1982. Amended by State Register Volume 19, Issue No. 2, eff February 24, 1995; State Register Volume 23, Issue No. 5, eff May 28, 1999; State Register Volume 31, Issue No. 5, eff May 25, 2007; SCSR 44-4 Doc. No. 4861, eff April 24, 2020.