Section R19-3-518. Offer Mistakes Discovered After Offer Opening and Before Award

A.      If an apparent mistake in an offer, relevant to the award deter- mination, is discovered after opening and before award, the procurement officer shall contact the offeror for written confir- mation of the offer. The procurement officer shall designate a time-frame within which the offeror shall either:

1.        Confirm that no mistake was made and assert that the offer stands as submitted; or

2.        Acknowledge that a mistake was made, and include all of the following in a written response:

a.         Explanation of the mistake and any other relevant information,

b.        A  request  for  correction   including  the  corrected offer or a request for withdrawal, and

c.         The reasons why correction or withdrawal is consis- tent with fair competition and in the best interest of the Lottery.

B.       An offeror who discovers a mistake in its offer may request correction or withdrawal in writing and shall include all of the following in the written request:

1.        Explanation of the mistake and any other relevant infor- mation,

2.        A request for correction including the corrected offer or a request for withdrawal, and

3.        The reasons why correction or withdrawal is consistent with fair competition and in the best interest of the Lot- tery.

C.      The procurement officer may permit an offeror to correct a mistake if the mistake and the intended offer are evident in the uncorrected offer; for example, an error in the extension of

unit prices. The procurement officer shall not permit a correc- tion that is prejudicial to the Lottery or fair competition.

D.      The procurement officer shall permit an offeror to furnish information called for in the solicitation but not supplied if the intended offer is evident and submittal of the information is not prejudicial to other offerors.

E.       The procurement officer shall make a written determination of whether correction or withdrawal is permitted, based on whether the action is consistent with fair competition and in the best interest of the Lottery.

F.       If the offeror fails to act under subsection (A) the offeror is considered nonresponsive and the procurement officer shall place a written determination that the offeror is nonresponsive in the procurement file.

Historical Note

Adopted as an emergency effective June 5, 1985, pursu- ant to A.R.S. § 41-1003, valid for only 90 days (Supp. 85- 3). Adopted as a permanent rule effective August 29, 1985 (Supp. 85-4). Former Section R4-37-518 renum- bered to R4-37-515, new Section R4-37-518 renumbered from R4-37-521 and amended effective May 7, 1990 (Supp. 90-2). R19-3-518 recodified from R4-37-518 (Supp. 95-1). Former Section R19-3-518 renumbered to R19-3-520 and amended; new Section R19-3-518 renum- bered from R19-3-516 and amended effective December 16, 1997 (Supp. 97-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 4495, effective January 6, 2007 (Supp. 06-4). Amended by final

rulemaking at 19 A.A.R. 1641, effective August 4, 2013

(Supp. 13-2).