Oregon State Treasury
Chapter 170
Division 2
ADMINISTRATION AND PROCUREMENT
170-002-0170
Mistakes
(1) An Offeror may not correct or withdraw an Offer for an error in judgment. If the Treasurer finds mistakes in an Offer after opening, but before Contract Award, the Treasurer may take the following action:
(a) Waive, or permit an Offeror to correct, a minor informality, such as:
(A) Submit the correct number of signed Offers, or correct the number of other documents required under the Solicitation Document.
(B) Sign the Offer in the designated block, or electronically, evidencing the intent to be bound.
(C) Acknowledge receipt of an addendum to the Solicitation Document.
(b) Correct a clerical error if the error is evident on the face of the Offer or other documents submitted with the Offer, such as typographical mistakes, errors in extending unit prices, transposition errors, or arithmetical errors.
(2) The Treasurer may permit an Offeror to withdraw an Offer after the Closing after considering the following criteria:
(a) The nature of the error.
(b) That the error is not a minor informality.
(c) That the error cannot be corrected or waived in subsection (1) of this rule.
(d) That the Offeror acted in good faith in submitting an Offer that contained errors.
(e) That the Offeror acted without gross negligence in submitting the Offer.
(f) That the Offeror will suffer substantial detriment if the Treasurer does not permit the Offeror to withdraw its Offer.
(g) That withdrawal of the Offer will not create a substantial hardship on the Treasurer or the public.
(h) That the Offeror promptly gave the Treasurer notice of the claimed error.
Statutory/Other Authority: ORS 279A.065
Statutes/Other Implemented: ORS 279A.065
History:
OST 1-2018, adopt filed 02/27/2018, effective 03/02/2018