Or. Admin. Code § 177-038-0170

Current through Register Vol. 63, No. 12, December 1, 2024

Section 177-038-0170 - Minor Informalities

(1) General: The Lottery may accept Offers that contain, or allow an Offeror to correct an Offer that contains, Minor Informalities.

(2) Examples: Minor Informalities include errors in form rather than substance and errors in an Offer that can be overlooked or corrected without prejudice to other Offerors. Minor Informalities do not cause an Offer to be non-Responsive. Examples of Minor Informalities include, but are not limited to:

(a) Incorrect Number of Copies: The Offeror failed to submit the correct number of signed Offers or the correct number of other documents required by the Solicitation Document;

(b) Signature Errors: The Offeror failed to sign the Offer in the designated block, provided that an authorized signature appears elsewhere in the Offer as evidence of Offeror's intent to be bound;

(c) Failure to Acknowledge: The Offeror failed to acknowledge receipt of an Addendum to the Solicitation Document. Provided that it is evident on the face of the Offer, or the Lottery has written evidence, that the Offeror received the Addendum and intends to be bound by its terms; or

(d) Clerical Errors: Clerical errors that are evident within the Offer, including typographical errors, errors in extending unit prices, math errors, and instances in which the intended correct unit or amount is evident by simple arithmetic calculations. If a specified unit price, when extended, does not equal the specified extended price, then Lottery shall use the specified unit price for purposes of extended price determination.

Or. Admin. Code § 177-038-0170

LOTT 8-2018, adopt filed 09/28/2018, effective 10/1/2018

Statutory/Other Authority: ORS Chapter 461 & Oregon Constitution, Article XV, §4(4)

Statutes/Other Implemented: ORS 461.400, ORS 461.410, ORS 461.420, ORS 461.430 & ORS 461.440