Section 4-12-10-01 - Minor informalities1. Minor informalities are insignificant omissions or nonjudgmental mistakes that are matters of form rather than substance, evident from the bid or proposal document, with a negligible effect on price, quantity, quality, delivery, or contractual conditions, that can be waived or corrected without prejudice to other bidders or offerors. 2. If the mistake is attributable to an error in judgment by the bidder or offeror, the bid or proposal may not be waived or corrected. An example of an error in judgment would be failure to consider all the requirements of the solicitation and submitting an inaccurate price. 3. Correction or withdrawal of a bid or proposal because of an inadvertent, minor informality requires careful consideration to protect the integrity of the competitive solicitation process and to ensure fairness. 4. Bid or proposal correction or withdrawal by reason of a minor informality is permissible but only to the extent it is not contrary to the interest of the state or the fair treatment of other bidders or offerors. 5. Examples of minor informalities include failure of a bidder or offeror to: a. Return the number of signed bid or proposal documents required by the solicitation; b. Sign the response, but only if the unsigned response is accompanied by other material indicating the bidder's intent to be bound, such as a cover letter, or a signed bid or proposal is provided within the time limit set by the procurement officer; c. Sign or initial a material correction to the bid or proposal, including a typeover, writeover, correction tape, or white-out, but the bidder or offeror may be required to confirm the correction within the time limit set by the procurement officer; d. Submit product literature or other documents required in the solicitation, but only if the bidder or offeror complies within the time limit set by the procurement officer; and e. Acknowledge receipt of an amendment to the solicitation, but only if: (1) It is clear from the bid or proposal that the bidder or offeror received the amendment and intended to be bound by its terms; (2) The amendment involved had a negligible effect on price, quantity, quality, or delivery; or (3) The bidder or offeror provides an acknowledgment of receipt within the time limit set by the procurement officer. N.D. Admin Code 4-12-10-01
Effective August 1, 2004.General Authority: NDCC 54-44.4-04
Law Implemented: NDCC 54-44.4-04, 54-44.4-05, 54-44.4-10