Section 27-1537. MISTAKES IN BIDS AFTER AWARD

 

1537.1If a mistake in a bid is not discovered until after award, the mistake may be corrected by contract amendment if correcting the mistake would be favorable to the District without changing the essential requirements of the specifications.

 

1537.2In addition to the cases contemplated in § 1537.1, or as otherwise authorized by law, if a mistake in a bid is not discovered until after the contract is awarded, the Director shall make one (1) of the following determinations:

 

(a)  Rescind the contract;

 

(b) Reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original IFB; or

 

(c)  Make no change to the contract as awarded.

 

1537.3Determinations made under §§ 1537.2(a) and 1537.2(b) shall be made only on the basis of clear and convincing evidence that a mistake was mutual or unilaterally made by a contractor, and was so apparent as to give the contracting officer notice of the probability of the mistake.

 

authority

The Chief Procurement Officer of the District of Columbia (CPO), pursuant to the authority set forth in sections 401, 402, 409, 414, 1102, and 1106 of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code §§ 2-354.01, 2-354.04, 2-354.14, 2-361.02 and 2-361.06 (2011 Repl.)) (Act).

source

Final Rulemaking published at 35 DCR 1437 (February 26, 1988); as amended by Notice of Emergency and Proposed Rulemaking published at 59 DCR 3714 (March 6, 2012)[EXPIRED]; as amended by Notice of Final Rulemaking published at 59 DCR 6290, 6305 (June 1, 2012).