Section 4-12-10-05 - Mistakes discovered after opening but before award1. The procurement officer may waive minor informalities or allow the bidder or offeror to correct them depending on which is in the best interest of the state. 2. If the mistake and the intended correct bid or proposal are clearly evident on the face of the bid or proposal document, the bid or proposal must be corrected to the intended correct bid or proposal and may not be withdrawn. Examples of mistakes that may be clearly evident on the face of the bid or proposal document are typographical errors, errors in extending unit prices, transposition errors, and mathematical errors. 3. A bidder may be permitted to withdraw a low bid or proposal if a mistake is clearly evident on the face of the solicitation response but the intended correction is not similarly evident or the bidder or offeror submits proof of evidentiary value that clearly and convincingly demonstrates that a mistake was made. N.D. Admin Code 4-12-10-05
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