Ill. Admin. Code tit. 71, § 2000.420 - Processing Mistakes
a)
Suspected or alleged mistakes prior to award shall be processed as follows:
1) Whenever the Director of Purchasing
suspects that a mistake may have been made in a bid, he/she shall immediately
request that the Bidder verify the request. Such request shall inform the
Bidder why the request for verification is made, that a mistake is suspected
and the basis for such suspicion; e.g., that the bid is significantly out of
line with the next low or other bids or with the Agency's estimate. If the time
for acceptance of bids is likely to expire before a decision can be made, the
Director of Purchasing, shall request all Bidders whose bids may become
eligible for award to extend the time for acceptance of their bids. If the
Bidder whose bid is believed erroneous does not grant such extension of time
and a decision cannot be reached before expiration of the time for acceptance,
even if handled by telegraph or telephone as provided in subsection (d) of this
Section, the bid shall be considered as originally submitted.
2) If the Bidder verifies his/her bid, the
Director of Purchasing shall consider it as originally submitted. If the Bidder
alleges a mistake, the Director of Purchasing shall advise him/her to support
his allegation by statements concerning the alleged mistake and by all
pertinent evidence, such as the Bidder's file copy of the bid, his/her original
worksheets and other data used in preparing the bid, subcontractors' and
suppliers' quotations, if any, published price lists, and any other evidence
which will serve to establish the mistake, the manner in which it occurred, and
the bid actually intended.
b) If a mistake is disclosed after award the
Agency shall advise the Bidder to support the alleged error by written
statements and by all pertinent evidence, such as the Bidder's file copy of the
bid, his/her original worksheets and other data used in preparing the bid,
subcontractors' and suppliers' quotation (if any), published price lists, and
any other evidence which will serve to establish the mistake, the manner in
which it occurred, and the bid actually intended.
c) Where the Bidder furnished evidence in
support of an alleged mistake, the Director of Purchasing shall consider:
1) All evidence furnished by the
Bidder.
2) The bid, the Invitation
for Bids, and any specifications or drawings relevant to the alleged
mistake.
3) The abstract or record
of the bids received.
4) A contract
if any.
5) A written statement
setting forth:
A) The expiration date of the
bid in question and of the other bids submitted;
B) Specific information as to how and when
the mistake was alleged;
C) A
summary of the evidence submitted by the Bidder;
D) In the event only one bid was received, a
quotation of a recent contract price for the supplies or services involved, or,
in the absence of a recent comparable contract, the estimate of a fair price
for the supplies or services and the basis for such estimate;
E) Any additional evidence considered
pertinent including copies of all correspondence between the Agency and the
Bidder concerning the alleged mistake; and
F) The course of action with respect to the
bid that the Director of Purchasing considers proper on the basis of the
evidence.
d)
Where the Bidder fails or refuses to furnish evidence in support of a suspected
or alleged mistake, the Director of Purchasing shall consider the bid as
submitted unless the amount of the bid is so far out of line with the amounts
of other bids received or with the amount estimated by the Agency or determined
by the Agency to be reasonable, or there are other indications of error so
clear, as reasonable to justify the conclusion that acceptance of the bid would
be unfair to the Bidder or to other bonafide Bidders, in which case it shall be
rejected. The attempts made to obtain the information required and the action
taken with respect to the bid shall be fully documented.
Notes
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