N.J. Admin. Code § 17:12-2.11

Current through Register Vol. 56, No. 11, June 3, 2024

Section 17:12-2.11 - Proposal errors

(a) Prior to the opening of proposals:

1. Proposals submitted electronically may be withdrawn at any time. The bidder may submit another proposal, as long as the replacement proposal is received prior to the announced date and time for proposal opening and at the place specified.

2. Proposals submitted in hard copy may be withdrawn upon written request to the Director. The bidder may submit another proposal, as long as the replacement proposal is received prior to the announced date and time for proposal opening and at the place specified.

(b) If, after proposal opening but before contract award, a bidder discovers an error in its proposal, that bidder may make written request to the Director for authorization to withdraw its proposal from consideration for award. If the bidder's request to withdraw is made in good faith, and the State will not be significantly prejudiced by granting the withdrawal of the proposal beyond the loss of the benefit of the bargain to the State of the withdrawing bidder's offer, the Director shall grant the request. Evidence of the bidder's good faith can be demonstrated by one or more of the following factors:

1. A mistake that is so significant that to enforce the contract resulting from the proposal would be unconscionable;

2. A mistake that relates to a material feature or term of the contract; and

3. A mistake that occurred notwithstanding the bidder's exercise of reasonable care.

(c) If, during a proposal evaluation process, an obvious pricing error made by a bidder deemed to be a potential contract awardee is found, the Director shall issue written notice to that bidder. If the bidder fails to respond, its proposal shall be considered withdrawn, and no further consideration shall be given to it.

(d) If it is discovered that there is an arithmetic disparity between the unit price and the total extended price, the unit price shall prevail. If there is any other ambiguity in the pricing other than a disparity between the unit price and extended price and the bidder's intention is not readily discernible from other parts of the proposal, the Director may seek clarification from the bidder to ascertain the true intent of the proposal.

(e) The Director shall:

1. Terminate any contract without delay upon discovery of an error that occurred during the proposal evaluation process and led to an erroneous award. It is not the intent of this provision to reconsider the Director's business judgment in making an award. The Director shall document the error and promptly notify all affected parties; and

2. Bar issuance of new purchase orders and cancel outstanding purchase orders made under the contract being terminated.

N.J. Admin. Code § 17:12-2.11

Amended by 51 N.J.R. 141(a), effective 1/22/2019