Section 30-2233. MINOR INFORMALITIES OR IRREGULARITIES IN BIDS  


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    2233.1Minor informalities or irregularities in bids may be waived if the contracting officer determines that the waiver is in the best interests of the Agency.

     

    2233.2The contracting officer may determine that the following, among others, are minor informalities or irregularities:

     

    (a) When a bidder fails to return the number of copies of signed bids required by the IFB;

     

    (b) When the bidder fails to furnish information concerning the number of its employees;

     

    (c) When a bidder fails to sign its bid, but only if one (1) of the following applies:

     

    (1) 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

     

    (2) The firm submitting the bid has formally adopted or authorized, before the date set for opening of bids, the execution of documents by typewritten, printed, or stamped signature; submits evidence of that authorization; and the bid carries the proper typed, printed, or stamped signature; and

     

    (d) When the bidder fails to acknowledge receipt of an amendment to the IFB, but only if one (1) of the following applies:

     

    (1) The bid received clearly indicates that the bidder received the amendment (such as where the amendment added another item to the IFB and the bidder submitted a bid on the item); or

     

    (2) The amendment involves only a matter of form or has either no effect or merely a negligible effect on price, quantity, quality, or delivery of the item bid upon.

     

    2233.3When the bidder fails to provide timely certifications or information with respect to Equal Opportunity and Affirmative Action Programs or other IFB requirements, the contracting officer may allow additional time for the submission to be made prior to the award.

     

    2233.4When it is in the best interests of the Agency, the contracting officer shall give the bidder an opportunity to cure any deficiency resulting from a minor informality or irregularity in a bid, or the contracting officer may waive the deficiency.

     

source

Final Rulemaking published at 36 DCR 6681, 6730 (September 22, 1989).