22.10 Withdrawal of bids and bid mistakes, alterations and amendments

22.10.4 Minor informalities or irregularities in bids

§2.2-4319 (B): A public body may waive informalities in bids. A minor informality or irregularity is one that is merely a matter of form and not of substance. It also pertains to some immaterial defect in a bid or variation of a bid from the exact requirements of the invitation that can be corrected or waived without being prejudicial to other bidders. The defect or variation is immaterial when the effect on price, quantity, quality, or delivery is negligible when contrasted with the total cost or scope of the supplies or services being acquired. The agency either shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid or waive the deficiency. Examples of minor informalities or irregularities include:

  • Failure to return the number of copies of signed bids required by the invitation.
  • Failure to furnish required information concerning the number of its employees.
  • Failure to sign its submitted bid, but only if--
  • The unsigned bid is accompanied by other material indicating the bidder's intention to be bound by the unsigned bid (such as the submission of a bid guarantee or a letter signed by the bidder, with the bid, referring to and clearly identifying the bid itself); or
  • The firm submitting a bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature and submits evidence of such authorization and the bid carries such a signature.