Addenda Certifications
Mistakes in Bids

ADDENDA:    We hereby certify that we did receive the following Addenda to these specifications: #_____                              dated:_________________________                    _____________________________              ___________________________          CONTRACTOR                                                                                     DATE

ADDENDA:    We hereby certify that we did receive the following Addenda to these specifications: #_____                              dated:

            _______________________________________                     _____________________________               CONTRACTOR                                                                                     DATE

137-30-075 MISTAKES IN BIDS

1. General. Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. Except as provided in this rule, if the mistake is attributable to an error in judgment, the bid may not be corrected. Bid correction or withdrawal by reason of a nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the public agency or the fair treatment of other bidders.

2. Mistakes Discovered After Bid Closing but Before Award. This subsection prescribes procedures to be applied in situations where mistakes in bids are discovered after the time and date set for bid closing but before award.

a. Minor Informalities. Minor informalities are matters of form rather than substance that are evident from the bid documents, or are insignificant mistakes that can be waived or corrected promptly without prejudice to other bidders or the public agency; that is, the informality does not affect price, quantity, quality, delivery, or contractual conditions except in the case of informalities involving unit price. Examples include, but are not limited, to the failure of a bidder to:

(i) Return the number of signed bids or the number of other documents required by the bid documents;

(ii) Sign the bid form in the designated block so long as a signature appears in the bid documents evidencing an intent to be bound;

(iii) Acknowledge receipt of an addendum to the bid documents, but only if:

(A) It is clear from the bid that the bidder received the addendum and intended to be bound by its terms; or

(B) The addendum involved did not affect price, quantity, quality, or delivery.

b. Mistakes Where Intended Correct Bid is Evident. If the mistake and the intended correct bid are clearly evident on the face of the bid form, or can be substantiated from accompanying documents, the public agency may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. Mistakes that are clearly evident on the face of the bid form also may include instances in which the intended correct bid is made clearly evident by simple arithmetic calculations. For example, missing unit price may be established by dividing the total bid item by the quantity of units for that item, and a mission or incorrect total bid for an item may be established by multiplying the unit price by the quantity when those figures are available on the bid. For discrepancies between unit prices and extended prices, unit prices shall prevail.

c. Mistakes Where Intended Correct Bid is Not Evident. The public agency may not accept a bid in which a mistake is clearly evident on the face of the bid form but the intended correct bid is not clearly evident or cannot be substantiated from accompanying documents.

Omissions and Ambiguities on the Bid Submission Will Be Considered Grounds for Rejection.