Section R2-7-B315. Mistakes Discovered After Award

A.      If a mistake in the offer is discovered after the award, the offeror may request withdrawal or correction 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.

B.       Based on the considerations of fair competition and the best interest of the state, the agency chief procurement officer may:

1.        Allow correction of the mistake, if the resulting dollar amount of the correction is less than the next lowest offer;

2.        Cancel all or part of the award; or

3.        Deny correction or withdrawal.

C.      After cancellation of all or part of an award, the agency chief procurement officer may award all or part of the contract to the next lowest responsible and responsive offeror, within 120 days from the date of award, based on the considerations of fair competition and the best interest of the state.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 508, effective April 8, 2006 (Supp. 06-1). Amended by final

rulemaking at 20 A.A.R. 3510, effective February 2, 2015

(Supp. 14-4).