Page 73 - CONTRACT POLICY MANUAL

(2) Waivable informalities will be considered on a case by case basis and will occur only when
in the County’s best interest.

§4.2-108 Correction, Clarification, or Withdrawal of Bids

(1) Correction, clarification, or withdrawal of erroneous bids before or after award shall be
permitted by the County Procurement Officer or Deputy Purchasing Agent under the
following circumstances:
a) Where there is a mistake clearly evident from examining the bid document, such
as an extension of unit pricing or errors in addition, the bidder should be permitted
to correct the error and the bid remain valid;
b) Where a bidder alleges a material mistake of fact and there is reasonable proof a
mistake was made and the intended bid cannot be ascertained with reasonable
certainty, the bidder shall be permitted to withdraw the submitted bid without
penalty; and,

c) Where a bidder fails to supply information requested in the IFB due to oversight,
the bidder should be permitted the opportunity to furnish the information. This
shall be permitted so long as the information does not affect the bidders’ submitted
price, specifications or substantive obligations and does not affect the position of
the bid relative to others properly submitted.
(2) Where a bidder committed errors in judgment, the County will not permit withdrawal of
the submitted bid without penalty, unless it is determined to be in the best interest of the
County.

(3) Nothing in this Section is intended to prohibit the County from accepting a voluntary
reduction in price or more favorable terms from a successful bidder after award, provided
that such is not conditioned on a modification or deletion of any conditions required in the
IFB which would result in a contract less favorable to the County.

§4.2-109 Tied Bids/Local Preference

(1) When all other factors are determined to be equal, preference shall be given to firms having
a legitimate place of business within Orange County. The County Procurement Officer
and Deputy Purchasing Agents have the right to award tie bids only by performing a re-
solicitation of the tied firms.

§4.2-110 Cancellation of Invitations for Bid/Reservation to Reject all Bids

(1) An IFB may be canceled and any or all bids may be rejected in whole or in part as specified
in the solicitation if it is for good cause and in the best interest of the County. The reasons
for such cancellation or rejection shall be made part of the contract file. Reasons for
cancellation or rejection shall be provided upon request to bidders.

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