2 Colo. Code Regs. § 601-10-4.14

Current through Register Vol. 47, No. 11, June 10, 2024

Section 2 CCR 601-10-4.14 - Mistakes in Bids

4.14.1 Mistakes Discovered Before Opening

A Contractor may correct any mistakes discovered before Bid opening by withdrawing and correcting the Bid as provided in Section 4.07.

4.14.2 Mistakes Discovered After Opening and Before Award

(a) When it appears to CDOT from a review of the Bid that a mistake has been made, the Contractor will be requested to confirm the Bid. Situations in which confirmation will be requested include obvious, apparent errors on the face of the Bid or a Bid unreasonably lower than the other Bids submitted. If the Contractor alleges mistake, the Bid may be corrected or withdrawn if conditions set forth in this subsection are met.

(b) If the mistake is attributable to an error in judgment, then the Bid may not be corrected or withdrawn.

(c) If the mistake is inadvertently made and not attributable to an error in judgment, then Bid correction or withdrawal may be permitted at the discretion of CDOT subject to the conditions provided in this subsection, but only to the extent it is not contrary to the interest of CDOT, or to the treatment of others, or to the integrity of the competitive Bidding process.

(d) A Contractor may correct inadvertent mistakes discovered after Bid opening but before Award, or may withdraw a Bid after Bid opening but before Award, only as provided in the following three situations:

(1) Minor Informalities. CDOT may waive Minor Informalities or require the Contractor to correct them depending on which is in the best interest of CDOT. Minor Informalities in the written or Electronic Bid include, but are not limited to, the failure of the Contractor to:

(a) Sign all forms included in the Bid Proposal, except the affidavit relative to collusion, signature of which may not be waived.

(b) Acknowledge receipt of a revision to the Invitation for Bids, but only if:

1. It is clear from the Bid that the Contractor received the revision and intended to be bound by its terms: or

2. The revision involved had a negligible effect on price, quantity, quality, or delivery.

(2) Mistakes Where Intended Correct Bid is Evident

If the mistake and the intended correct Bid are clearly evident on the face of the Bid, the submitted Bid shall be corrected to the intended correct Bid and may not be withdrawn so long as the Bid both corrected and intended is the lowest received. Examples of mistakes that are evident on the face of the Bid are typographical errors, errors in extending unit prices, transposition errors and arithmetical errors.

(3) Mistakes Where Intended Correct Bid Is Not Evident

A Low Apparent Bidder may be permitted to withdraw a Bid if:

(a) A mistake is clearly evident on the face of the Bid, and the intended correct Bid is not similarly evident: or

(b) The Contractor submits proof of evidentiary value which clearly and convincingly demonstrates that a material mistake of a clerical, mathematical, or similar non-judgmental nature was inadvertent and not intentional, that it was made in good faith, and that CDOT has not relied to its detriment on the mistaken Bid.

4.14.3 Mistakes Discovered After Award

Mistakes shall not be corrected after Award of the Contract except where CDOT Chief Engineer or designee makes a written determination that it would be unconscionable not to allow the mistake to be corrected.

4.14.4 Determination Required

When a Bid is corrected or withdrawn or when correction or withdrawal is denied, the CDOT Chief Engineer or designee shall prepare a written determination showing that the relief was granted or denied in accordance with the rules.

2 CCR 601-10-4.14

41 CR 17, September 10, 2018, effective 9/30/2018