MISTAKES IN BIDS

MISTAKES IN BIDS ARE REVIEWED IN SEVERAL PROCUREMENT STAGES. OBVIOUS ERRORS IN BIDDING AND RELIEF MODES ARE ANALYZED. THE ARMED SERVICES PROCUREMENT REGULATION (ASPR) 2-406 ENTITLED 'MISTAKES IN BIDS' HAS THE FORCE AND EFFECT OF LAW AND IS BINDING UPON THE GOVERNMENT OFFICERS. BIDDERS SUBMITTING OFFERS ON DEPARTMENT OF DEFENSE CONTRACTS CAN READ THIS PUBLISHED REGULATION AND ARE PRESUMED TO BE AWARE OF IT, SO THEIR OFFERS FOR DEFENSE PROCUREMENT WILL BE GOVERNED BY ITS TERMS. THE ASPR PROVIDES THAT ANY CLERICAL MISTAKE APPARENT ON THE FACE OF A BID MAY BE CORRECTED BY THE CONTRACTING OFFICER BEFORE AWARD. THE ONLY PREREQUISITES ARE THAT THE BIDDER CORRECT HIS BID IN A LETTER OR TELEGRAM AND THAT THE CORRECTION BE ATTACHED TO THE BID DOCUMENT IN THE FILE. PROVISIONS FOR AUTHORITY TO WITHDRAW BIDS, DISPLACING LOW BID, AND SEEKING RELIEF ARE REVIEWED. ONE BID MISTAKE CASE IS REVIEWED. IT IS CONCLUDED THAT BIDDERS ALLEGING ERROR HAVE A RIGHT TO THE OPPORTUNITY TO PROVE ERRORS AND OBTAIN CORRECTIONS. THE COMPTROLLER GENERAL HELD THAT IF A BIDDER ESTABLISHES BOTH THE MISTAKE AND THE BID INTENDED BY CLEAR AND CONVINCING EVIDENCE, THE UNITED STATES SHOULD TAKE ADVANTAGE OF THE CORRECTED BID AND NOT PAY THE HIGHER PRICE OF THE SECOND BID.

  • Supplemental Notes:
    • Vol 9, No 8, PP 13-15
  • Publication Date: 1968-8

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Filing Info

  • Accession Number: 00238562
  • Record Type: Publication
  • Files: TRIS
  • Created Date: Dec 30 1994 12:00AM