A public agency may allow a bidder submitting a bid pursuant to G.S.143‑129 for construction or repair work or for the purchase of apparatus,supplies, materials, or equipment to withdraw his bid from consideration afterthe bid opening without forfeiture of his bid security if the price bid wasbased upon a mistake, which constituted a substantial error, provided the bidwas submitted in good faith, and the bidder submits credible evidence that themistake was clerical in nature as opposed to a judgment error, and was actuallydue to an unintentional and substantial arithmetic error or an unintentionalomission of a substantial quantity of work, labor, apparatus, supplies,materials, equipment, or services made directly in the compilation of the bid,which unintentional arithmetic error or unintentional omission can be clearlyshown by objective evidence drawn from inspection of the original work papers,documents or materials used in the preparation of the bid sought to be withdrawn.A request to withdraw a bid must be made in writing to the public agency whichinvited the proposals for the work prior to the award of the contract, but notlater than 72 hours after the opening of bids, or for a longer period as may bespecified in the instructions to bidders provided prior to the opening of bids.
If a request to withdraw a bid has been made in accordance with theprovisions of this section, action on the remaining bids shall be considered,in accordance with North Carolina G.S. 143‑129, as though said bid hadnot been received. Notwithstanding the foregoing, such bid shall be deemed tohave been received for the purpose of complying with the requirements of G.S.143‑132. If the work or purchase is relet for bids, under no circumstancesmay the bidder who has filed a request to withdraw be permitted to rebid thework or purchase.
If a bidder files a request to withdraw his bid, the agency shallpromptly hold a hearing thereon. The agency shall give to the withdrawingbidder reasonable notice of the time and place of any such hearing. The bidder,either in person or through counsel, may appear at the hearing and present anyadditional facts and arguments in support of his request to withdraw his bid.The agency shall issue a written ruling allowing or denying the request towithdraw within five days after the hearing. If the agency finds that the pricebid was based upon a mistake of the type described in the first paragraph ofthis section, then the agency shall issue a ruling permitting the bidder towithdraw without forfeiture of the bidder's security. If the agency finds thatthe price bid was based upon a mistake not of the type described in the firstparagraph of this section, then the agency shall issue a ruling denying the requestto withdraw and requiring the forfeiture of the bidder's security. A denial bythe agency of the request to withdraw a bid shall have the same effect as if anaward had been made to the bidder and a refusal by the bidder to accept hadbeen made, or as if there had been a refusal to enter into the contract, andthe bidder's bid deposit or bid bond shall be forfeited.
In the event said ruling denies the request to withdraw the bid, thebidder shall have the right, within 20 days after receipt of said ruling, tocontest the matter by the filing of a civil action in any court of competentjurisdiction of the State of North Carolina. The procedure shall be the same asin all civil actions except all issues of law and fact and every other issueshall be tried de novo by the judge without jury; provided that the matter maybe referred in the instances and in the manner provided for by North CarolinaG.S. 1A‑1, Rule 53, as amended. Notwithstanding the foregoing, if thepublic agency involved is the Department of Administration, it may follow itsnormal rules and regulations with respect to contested matters, as opposed tofollowing the administrative procedures set forth herein. If it is finallydetermined that the bidder did not have the right to withdraw his bid pursuantto the provisions of this section, the bidder's security shall be forfeited.Every bid bond or bid deposit given by a bidder to a public agency pursuant toG.S. 143‑129 shall be conclusively presumed to have been given inaccordance with this section, whether or not it be so drawn as to conform tothis section. This section shall be conclusively presumed to have been writteninto every bid bond given pursuant to G.S. 143‑129.
Neither the agency nor any elected or appointed official, employee, representativeor agent of such agency shall incur any liability or surcharge, in the absenceof fraud or collusion, by permitting the withdrawal of a bid pursuant to theprovisions of this section.
No withdrawal of the bid which would result in the award of thecontract on another bid of the same bidder, his partner, or to a corporation orbusiness venture owned by or in which he has an interest shall be permitted. Nobidder who is permitted to withdraw a bid shall supply any material or laborto, or perform any subcontract or work agreement for, any person to whom acontract or subcontract is awarded in the performance of the contract for whichthe withdrawn bid was submitted, without the prior written approval of theagency. Whoever violates the provisions of the foregoing sentence shall beguilty of a Class 1 misdemeanor. (1977, c. 617, s.1; 1993, c. 539, s. 1008; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑328, s.2.)
A public agency may allow a bidder submitting a bid pursuant to G.S.143‑129 for construction or repair work or for the purchase of apparatus,supplies, materials, or equipment to withdraw his bid from consideration afterthe bid opening without forfeiture of his bid security if the price bid wasbased upon a mistake, which constituted a substantial error, provided the bidwas submitted in good faith, and the bidder submits credible evidence that themistake was clerical in nature as opposed to a judgment error, and was actuallydue to an unintentional and substantial arithmetic error or an unintentionalomission of a substantial quantity of work, labor, apparatus, supplies,materials, equipment, or services made directly in the compilation of the bid,which unintentional arithmetic error or unintentional omission can be clearlyshown by objective evidence drawn from inspection of the original work papers,documents or materials used in the preparation of the bid sought to be withdrawn.A request to withdraw a bid must be made in writing to the public agency whichinvited the proposals for the work prior to the award of the contract, but notlater than 72 hours after the opening of bids, or for a longer period as may bespecified in the instructions to bidders provided prior to the opening of bids.
If a request to withdraw a bid has been made in accordance with theprovisions of this section, action on the remaining bids shall be considered,in accordance with North Carolina G.S. 143‑129, as though said bid hadnot been received. Notwithstanding the foregoing, such bid shall be deemed tohave been received for the purpose of complying with the requirements of G.S.143‑132. If the work or purchase is relet for bids, under no circumstancesmay the bidder who has filed a request to withdraw be permitted to rebid thework or purchase.
If a bidder files a request to withdraw his bid, the agency shallpromptly hold a hearing thereon. The agency shall give to the withdrawingbidder reasonable notice of the time and place of any such hearing. The bidder,either in person or through counsel, may appear at the hearing and present anyadditional facts and arguments in support of his request to withdraw his bid.The agency shall issue a written ruling allowing or denying the request towithdraw within five days after the hearing. If the agency finds that the pricebid was based upon a mistake of the type described in the first paragraph ofthis section, then the agency shall issue a ruling permitting the bidder towithdraw without forfeiture of the bidder's security. If the agency finds thatthe price bid was based upon a mistake not of the type described in the firstparagraph of this section, then the agency shall issue a ruling denying the requestto withdraw and requiring the forfeiture of the bidder's security. A denial bythe agency of the request to withdraw a bid shall have the same effect as if anaward had been made to the bidder and a refusal by the bidder to accept hadbeen made, or as if there had been a refusal to enter into the contract, andthe bidder's bid deposit or bid bond shall be forfeited.
In the event said ruling denies the request to withdraw the bid, thebidder shall have the right, within 20 days after receipt of said ruling, tocontest the matter by the filing of a civil action in any court of competentjurisdiction of the State of North Carolina. The procedure shall be the same asin all civil actions except all issues of law and fact and every other issueshall be tried de novo by the judge without jury; provided that the matter maybe referred in the instances and in the manner provided for by North CarolinaG.S. 1A‑1, Rule 53, as amended. Notwithstanding the foregoing, if thepublic agency involved is the Department of Administration, it may follow itsnormal rules and regulations with respect to contested matters, as opposed tofollowing the administrative procedures set forth herein. If it is finallydetermined that the bidder did not have the right to withdraw his bid pursuantto the provisions of this section, the bidder's security shall be forfeited.Every bid bond or bid deposit given by a bidder to a public agency pursuant toG.S. 143‑129 shall be conclusively presumed to have been given inaccordance with this section, whether or not it be so drawn as to conform tothis section. This section shall be conclusively presumed to have been writteninto every bid bond given pursuant to G.S. 143‑129.
Neither the agency nor any elected or appointed official, employee, representativeor agent of such agency shall incur any liability or surcharge, in the absenceof fraud or collusion, by permitting the withdrawal of a bid pursuant to theprovisions of this section.
No withdrawal of the bid which would result in the award of thecontract on another bid of the same bidder, his partner, or to a corporation orbusiness venture owned by or in which he has an interest shall be permitted. Nobidder who is permitted to withdraw a bid shall supply any material or laborto, or perform any subcontract or work agreement for, any person to whom acontract or subcontract is awarded in the performance of the contract for whichthe withdrawn bid was submitted, without the prior written approval of theagency. Whoever violates the provisions of the foregoing sentence shall beguilty of a Class 1 misdemeanor. (1977, c. 617, s.1; 1993, c. 539, s. 1008; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑328, s.2.)
A public agency may allow a bidder submitting a bid pursuant to G.S.143‑129 for construction or repair work or for the purchase of apparatus,supplies, materials, or equipment to withdraw his bid from consideration afterthe bid opening without forfeiture of his bid security if the price bid wasbased upon a mistake, which constituted a substantial error, provided the bidwas submitted in good faith, and the bidder submits credible evidence that themistake was clerical in nature as opposed to a judgment error, and was actuallydue to an unintentional and substantial arithmetic error or an unintentionalomission of a substantial quantity of work, labor, apparatus, supplies,materials, equipment, or services made directly in the compilation of the bid,which unintentional arithmetic error or unintentional omission can be clearlyshown by objective evidence drawn from inspection of the original work papers,documents or materials used in the preparation of the bid sought to be withdrawn.A request to withdraw a bid must be made in writing to the public agency whichinvited the proposals for the work prior to the award of the contract, but notlater than 72 hours after the opening of bids, or for a longer period as may bespecified in the instructions to bidders provided prior to the opening of bids.
If a request to withdraw a bid has been made in accordance with theprovisions of this section, action on the remaining bids shall be considered,in accordance with North Carolina G.S. 143‑129, as though said bid hadnot been received. Notwithstanding the foregoing, such bid shall be deemed tohave been received for the purpose of complying with the requirements of G.S.143‑132. If the work or purchase is relet for bids, under no circumstancesmay the bidder who has filed a request to withdraw be permitted to rebid thework or purchase.
If a bidder files a request to withdraw his bid, the agency shallpromptly hold a hearing thereon. The agency shall give to the withdrawingbidder reasonable notice of the time and place of any such hearing. The bidder,either in person or through counsel, may appear at the hearing and present anyadditional facts and arguments in support of his request to withdraw his bid.The agency shall issue a written ruling allowing or denying the request towithdraw within five days after the hearing. If the agency finds that the pricebid was based upon a mistake of the type described in the first paragraph ofthis section, then the agency shall issue a ruling permitting the bidder towithdraw without forfeiture of the bidder's security. If the agency finds thatthe price bid was based upon a mistake not of the type described in the firstparagraph of this section, then the agency shall issue a ruling denying the requestto withdraw and requiring the forfeiture of the bidder's security. A denial bythe agency of the request to withdraw a bid shall have the same effect as if anaward had been made to the bidder and a refusal by the bidder to accept hadbeen made, or as if there had been a refusal to enter into the contract, andthe bidder's bid deposit or bid bond shall be forfeited.
In the event said ruling denies the request to withdraw the bid, thebidder shall have the right, within 20 days after receipt of said ruling, tocontest the matter by the filing of a civil action in any court of competentjurisdiction of the State of North Carolina. The procedure shall be the same asin all civil actions except all issues of law and fact and every other issueshall be tried de novo by the judge without jury; provided that the matter maybe referred in the instances and in the manner provided for by North CarolinaG.S. 1A‑1, Rule 53, as amended. Notwithstanding the foregoing, if thepublic agency involved is the Department of Administration, it may follow itsnormal rules and regulations with respect to contested matters, as opposed tofollowing the administrative procedures set forth herein. If it is finallydetermined that the bidder did not have the right to withdraw his bid pursuantto the provisions of this section, the bidder's security shall be forfeited.Every bid bond or bid deposit given by a bidder to a public agency pursuant toG.S. 143‑129 shall be conclusively presumed to have been given inaccordance with this section, whether or not it be so drawn as to conform tothis section. This section shall be conclusively presumed to have been writteninto every bid bond given pursuant to G.S. 143‑129.
Neither the agency nor any elected or appointed official, employee, representativeor agent of such agency shall incur any liability or surcharge, in the absenceof fraud or collusion, by permitting the withdrawal of a bid pursuant to theprovisions of this section.
No withdrawal of the bid which would result in the award of thecontract on another bid of the same bidder, his partner, or to a corporation orbusiness venture owned by or in which he has an interest shall be permitted. Nobidder who is permitted to withdraw a bid shall supply any material or laborto, or perform any subcontract or work agreement for, any person to whom acontract or subcontract is awarded in the performance of the contract for whichthe withdrawn bid was submitted, without the prior written approval of theagency. Whoever violates the provisions of the foregoing sentence shall beguilty of a Class 1 misdemeanor. (1977, c. 617, s.1; 1993, c. 539, s. 1008; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑328, s.2.)
