Statutes, codes, and regulations
Utah Administrative Code
Administrative ServicesTitle R23 - Facilities Construction and Management
Rule R23-1 - Procurement Rules with Numbering Related to the Procurement Code
Section R23-1-606 - Errors in Bids

Utah Admin. Code 23-1-606

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Current through Bulletin No. 2024-21, November 1, 2024
Section R23-1-606 - Errors in Bids

The following shall apply to the correction or withdrawal of an inadvertently erroneous bid, or the cancellation of an award or contract that is based on an unintentionally erroneous bid. A decision to permit the correction or withdrawal of a bid or the cancellation of any award or a contract under this rule shall be supported in a written document, signed by the director.

(1) Errors attributed to a bidder's error in judgment may not be corrected.
(2) Provided that there is no change in bid pricing or the cost evaluation formula, errors not attributed to a bidder's error in judgment may be corrected if it is in the best interest of the division and correcting the mistake maintains the fair treatment of other bidders.
(a) Examples include:
(i) missing signatures;
(ii) missing acknowledging receipt of an addendum;
(iii) missing copies of professional licenses, bonds, insurance certificates, provided that copies are submitted by the deadline established by the director to correct this mistake;
(iv) typographical errors;
(v) mathematical errors not affecting the total bid price; or
(vi) other errors deemed by the director to be immaterial or inconsequential in nature.
(3) The director shall approve or deny, in writing, a bidder's request to correct or withdraw a bid.
(4) Corrections or withdrawal of bids shall be conducted in accordance with Section 63G-6a-604.
(5) If there is any deficiency or failure to submit a required subcontractor list or bid bond, the division may request that the bidder who is not in compliance, submit the required subcontractor list or bid bond by 5 p.m. of the next business day after notice is provided by the division. Failure to cure the deficiency or failure to submit any required subcontractor list or bid bond by 5 p.m. of the next business day after notice is provided by the division shall make the bidder ineligible for consideration of award of the contract.

Utah Admin. Code R23-1-606

Adopted by Utah State Bulletin Number 2015-7, effective 3/3/2015
Amended by Utah State Bulletin Number 2022-06, effective 2/24/2022
Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023