Section 38.05.01.074 - MISTAKESThe following procedures are established relative to claims of a mistake.
01.Mistakes in Submission. If a mistake is attributable to an error in judgment, the submission may not be corrected. Correction or withdrawal by reason of an inadvertent, nonjudgmental mistake is permissible, but at the discretion of the administrator and to the extent it is not contrary to the interest of the state or the fair treatment of other submitting vendors.02.Mistakes Discovered Before Opening. Mistakes discovered by a vendor prior to closing may be corrected by such vendor by submitting a timely modification or withdrawing the original submission and submitting a corrected submission to the purchasing authority before the closing. Vendors who discover a mistake after closing, but prior to opening, may withdraw the submission by a written notification containing a signature to the purchasing authority if such notification is received by the purchasing authority prior to opening.03.Mistakes Discovered After Opening But Before Award. This subsection sets forth procedures to be applied in three (3) situations described below in which mistakes are discovered after opening but before award.a. Minor Informalities. Minor informalities are matters of form rather than substance evident from the bid or proposal document, or insignificant mistakes that can be waived or corrected without prejudice to other submitting vendors, that is, the effect of the mistake on price, quantity, quality, delivery or contractual conditions is not significant. The buyer may waive such informalities. Examples include the failure of a submitting vendor to: i. Return the required number of signed submissions.ii. Provide a signature, but only if it is clear from the submission that the submitting vendor intended to be bound by its terms.iii. Acknowledge the receipt of an amendment, but only if:(1) It is clear from the submission that the submitting vendor received the amendment and intended to be bound by its terms; or(2) The amendment involved had a negligible effect on price, quantity, quality or delivery.b. Mistakes Where Intended Submission is Evident. If the mistake and the intended submission are clearly evident on the face of the document, the submission shall be corrected to the intended submission and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the document are typographical errors, errors in extending unit prices (unit prices will always govern in event of conflict with extension), transposition errors and arithmetical errors.c. Mistakes Where Intended Submission is not Evident. A vendor may be permitted to withdraw a low bid if:i. A mistake is clearly evident on the face of the submission document but the intended submission is not similarly evident; orii. The vendor submits timely proof of evidentiary value that clearly and convincingly demonstrates that a mistake was made.04.Mistakes Discovered After Award. Mistakes shall not be corrected after award of the contract.05.Written Approval or Denial Required. In the event of a mistake discovered after the opening date, the administrator shall approve or deny, in writing, a request to correct or withdraw a submission.Idaho Admin. Code r. 38.05.01.074