Section R2-7-507. Offer Mistakes Discovered After Offer Opening and Before Award

A.      If an apparent mistake, relevant to the award determination is discovered after offer opening and before award, the agency chief procurement officer shall contact the offeror for written confirmation of the offer. The agency chief procurement offi- cer 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 state.

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 state.

C.      An agency chief procurement officer may permit an offeror to correct a mistake if the mistake and the intended offer are evi- dent in the uncorrected offer; for example, an error in the extension of unit prices. The agency chief procurement officer shall not permit a correction that is prejudicial to the state or fair competition.

D.      An agency chief procurement officer shall permit an offeror to furnish information called for in the solicitation but not sup- plied if the intended offer is evident and submittal of the infor- mation is not prejudicial to other offerors.

E.       An agency chief procurement officer shall make a written determination of whether correction or withdrawal is permit- ted, based on whether the action is consistent with fair compe- tition and in the best interest of the state.

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

Historical Note

Adopted as an emergency effective January 1, 1985, pur- suant to A.R.S. § 41-1003, valid for only 90 days (Supp. 84-6). Emergency expired. Permanent rule adopted effec- tive April 3, 1985 (Supp. 85-2). Amended effective Janu-

ary 13, 1987 (Supp. 87-1). Amended effective April 2, 1993 (Supp. 93-2). Section repealed; new Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1).