Section 4.2038  Modification or Withdrawal of Bids or Proposals; Mistakes

a)         Modification or Withdrawal

A bidder or offeror may withdraw or modify a bid or proposal if notice of the withdrawal or modification is received by the SPO before the latest time specified for receipt of bids or proposals.  Any such modification or withdrawal, however, must be made in writing and received by the SPO prior to the scheduled bid or proposal opening.  When time is of the essence, the SPO may agree to receive modifications or withdrawals by printed form conveyed by facsimile or by telephone.  An originally signed written confirmation of a telephone modification or withdrawal shall be mailed or delivered by the bidder or offeror on the same day.  Withdrawal of bids or proposals after bid or proposal opening will not ordinarily be permitted; however, in those cases where, in the judgment of the University, based on clear and demonstrable evidence, the bidder or offeror has made a bona fide error in the preparation of the bid or proposal and such error will result in a substantial loss to the bidder or offeror, an exception may be made.

b)         Minor Informalities

A minor informality or irregularity is one that is a matter of form or pertains to some immaterial or inconsequential defect or variation of a bid from the exact requirement of the solicitation, the correction or waiver of which would not be prejudicial to the University (i.e., the effect on price, quality, quantity, delivery, or contractual conditions is negligible).  The SPO shall waive such informalities or allow the bidder to correct them depending on which is in the best interest of the University. Minor informalities include insignificant mistakes where the effect on price, quantity, quality, delivery, or contractual conditions is negligible.

c)         Errors Where Intended Correct Bid or Proposal is Evident

If the mistake and the intended correct bid or proposal are clearly evident on the face of the bid or proposal document, the bid or proposal shall be corrected to the intended correct bid or proposal.  Examples of mistakes that may be clearly evident on the face of the bid document are typographical errors, errors in extending unit prices, transposition errors and arithmetical errors.

d)         Determinations Required

When a bid or proposal is corrected or withdrawn, or correction or withdrawal is denied, a written determination shall be prepared by the SPO showing that relief was granted or denied in accordance with this Part.