22.10 Withdrawal of bids and bid mistakes, alterations and amendments

22.10.5 Occurrence of bid change

A bidder who desires to change a bid already submitted shall withdraw the submitted bid and submit another bid before the closing date.

  • Correction of bid before bid opening: If a bidder withdraws its bid and resubmits it with revisions, the revisions should be clearly identified and signed or initialed by the bidder. The omission of a bidder's signature or initials to a modification may result in the bid being determined non-responsive. Prior to submission of a bid, alterations may be made, but must be initialed by the person signing the bid. A single line must be drawn through the information to be changed, insert the desired information and initial the change. Smudged and smeared erasures, strikeovers or opaque fluid on the bid that affects unit price, quantity, quality or delivery may result in the rejection of the line item or information involved in the bid. A bidder may correct mistakes, amend and/or withdraw a response if the procuring agency receives a written request before the due date and hour. The request must be signed by a person authorized to represent the firm or entity that submitted the bid.
  • Correction of bid after bid opening but before award: A public body may permit a bidder alleging an inadvertent error to correct its bid after bid opening only if the mistake and the correction do not affect the amount of the bid or otherwise give the bidder an unfair competitive advantage. Examples of inadvertent, minor informalities are provided in subsection 22.10.4 above. A minor defect or variation of a response from the exact requirements of the IFB, which does not affect the price, quality, quantity, or delivery schedule for the goods, and services, being procured, may, in the sole discretion of the issuing agency, be waived or the bidder may be permitted to correct it, whichever procedure is in the best interest of the Commonwealth. Examples of minor defects, mistakes or variations include but are not limited to: failure to return the number of pages requested in the IFB or failure to sign, as instructed, in the space provided, but only if the unsigned response is accompanied by other signed documents indicating the bidder intent to be bound. Responses may not be withdrawn if the mistakes are attributable, such as the following:
    • Judgment errors: Where errors are attributed, in the sole discretion of the issuing agency, to be errors in judgment, such errors may not be corrected.
    • Errors where the intended correct response is evident: Errors and mistakes such as typographical errors, errors extending unit prices, transposition, and arithmetical, or instances where the mistake and the intended correct response are clearly evident in the response document. Such errors shall be corrected to the intended correction and may not be withdrawn. Responses may be withdrawn if the intended correct response is not evident. A bidder may be permitted to withdraw a response if a mistake, in the sole discretion of the issuing agency, is clearly evident in the response document submitted and/or in comparison with other responses.

Bid mistakes discovered after award: Bids containing mistakes shall not be corrected or withdrawn after award of a contract or issuance of an order. No plea or claim of mistake in a bid or resulting contract shall be available as a defense in any legal proceeding brought upon a contract or purchase order awarded to a bidder as a result of the breach or nonperformance of such contract or order. Mistakes shall not be corrected after award of the contract.