Or. Admin. R. 170-002-0170 - Mistakes
(1) An Offeror may
not correct or withdraw an Offer for an error in judgment. If the Treasurer
finds mistakes in an Offer after opening, but before Contract Award, the
Treasurer may take the following action:
(a)
Waive, or permit an Offeror to correct, a minor informality, such as:
(A) Submit the correct number of signed
Offers, or correct the number of other documents required under the
Solicitation Document.
(B) Sign the
Offer in the designated block, or electronically, evidencing the intent to be
bound.
(C) Acknowledge receipt of
an addendum to the Solicitation Document.
(b) Correct a clerical error if the error is
evident on the face of the Offer or other documents submitted with the Offer,
such as typographical mistakes, errors in extending unit prices, transposition
errors, or arithmetical errors.
(2) The Treasurer may permit an Offeror to
withdraw an Offer after the Closing after considering the following criteria:
(a) The nature of the error.
(b) That the error is not a minor
informality.
(c) That the error
cannot be corrected or waived in subsection (1) of this rule.
(d) That the Offeror acted in good faith in
submitting an Offer that contained errors.
(e) That the Offeror acted without gross
negligence in submitting the Offer.
(f) That the Offeror will suffer substantial
detriment if the Treasurer does not permit the Offeror to withdraw its
Offer.
(g) That withdrawal of the
Offer will not create a substantial hardship on the Treasurer or the
public.
(h) That the Offeror
promptly gave the Treasurer notice of the claimed error.
Notes
Statutory/Other Authority: ORS 279A.065
Statutes/Other Implemented: ORS 279A.065
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