A. A bidder for a public construction contract, other than a contract forconstruction or maintenance of public highways, may withdraw his bid fromconsideration if the price bid was substantially lower than the other bidsdue solely to a mistake in the bid, provided the bid was submitted in goodfaith, and the mistake was a clerical mistake as opposed to a judgmentmistake, and was actually due to an unintentional arithmetic error or anunintentional omission of a quantity of work, labor or material made directlyin the compilation of a bid, which unintentional arithmetic error orunintentional omission can be clearly shown by objective evidence drawn frominspection of original work papers, documents and materials used in thepreparation of the bid sought to be withdrawn.
If a bid contains both clerical and judgment mistakes, a bidder may withdrawhis bid from consideration if the price bid would have been substantiallylower than the other bids due solely to the clerical mistake, that was anunintentional arithmetic error or an unintentional omission of a quantity ofwork, labor or material made directly in the compilation of a bid that shallbe clearly shown by objective evidence drawn from inspection of original workpapers, documents and materials used in the preparation of the bid sought tobe withdrawn.
One of the following procedures for withdrawal of a bid shall be selected bythe public body and stated in the advertisement for bids (i) the bidder shallgive notice in writing of his claim of right to withdraw his bid within twobusiness days after the conclusion of the bid opening procedure and shallsubmit original work papers with such notice; or (ii) the bidder shall submitto the public body or designated official his original work papers, documentsand materials used in the preparation of the bid within one day after thedate fixed for submission of bids. The work papers shall be delivered by thebidder in person or by registered mail at or prior to the time fixed for theopening of bids. In either instance, the work papers, documents and materialsmay be considered as trade secrets or proprietary information subject to theconditions of subsection F of § 2.2-4342. The bids shall be opened one dayfollowing the time fixed by the public body for the submission of bids.Thereafter, the bidder shall have two hours after the opening of bids withinwhich to claim in writing any mistake as defined herein and withdraw his bid.The contract shall not be awarded by the public body until the two-hourperiod has elapsed. The mistake shall be proved only from the original workpapers, documents and materials delivered as required herein.
B. A public body may establish procedures for the withdrawal of bids forother than construction contracts.
C. No bid shall be withdrawn under this section when the result would be theawarding of the contract on another bid of the same bidder or of anotherbidder in which the ownership of the withdrawing bidder is more than fivepercent.
D. If a bid is withdrawn in accordance with this section, the lowestremaining bid shall be deemed to be the low bid.
E. No bidder who is permitted to withdraw a bid shall, for compensation,supply any material or labor to or perform any subcontract or other workagreement for the person or firm to whom the contract is awarded or otherwisebenefit, directly or indirectly, from the performance of the project forwhich the withdrawn bid was submitted.
F. If the public body denies the withdrawal of a bid under the provisions ofthis section, it shall notify the bidder in writing stating the reasons forits decision and award the contract to such bidder at the bid price, providedsuch bidder is a responsible and responsive bidder.
(1982, c. 647, § 11-54; 1985, c. 286; 1994, c. 897; 1999, c. 344; 2001, c.844.)
A. A bidder for a public construction contract, other than a contract forconstruction or maintenance of public highways, may withdraw his bid fromconsideration if the price bid was substantially lower than the other bidsdue solely to a mistake in the bid, provided the bid was submitted in goodfaith, and the mistake was a clerical mistake as opposed to a judgmentmistake, and was actually due to an unintentional arithmetic error or anunintentional omission of a quantity of work, labor or material made directlyin the compilation of a bid, which unintentional arithmetic error orunintentional omission can be clearly shown by objective evidence drawn frominspection of original work papers, documents and materials used in thepreparation of the bid sought to be withdrawn.
If a bid contains both clerical and judgment mistakes, a bidder may withdrawhis bid from consideration if the price bid would have been substantiallylower than the other bids due solely to the clerical mistake, that was anunintentional arithmetic error or an unintentional omission of a quantity ofwork, labor or material made directly in the compilation of a bid that shallbe clearly shown by objective evidence drawn from inspection of original workpapers, documents and materials used in the preparation of the bid sought tobe withdrawn.
One of the following procedures for withdrawal of a bid shall be selected bythe public body and stated in the advertisement for bids (i) the bidder shallgive notice in writing of his claim of right to withdraw his bid within twobusiness days after the conclusion of the bid opening procedure and shallsubmit original work papers with such notice; or (ii) the bidder shall submitto the public body or designated official his original work papers, documentsand materials used in the preparation of the bid within one day after thedate fixed for submission of bids. The work papers shall be delivered by thebidder in person or by registered mail at or prior to the time fixed for theopening of bids. In either instance, the work papers, documents and materialsmay be considered as trade secrets or proprietary information subject to theconditions of subsection F of § 2.2-4342. The bids shall be opened one dayfollowing the time fixed by the public body for the submission of bids.Thereafter, the bidder shall have two hours after the opening of bids withinwhich to claim in writing any mistake as defined herein and withdraw his bid.The contract shall not be awarded by the public body until the two-hourperiod has elapsed. The mistake shall be proved only from the original workpapers, documents and materials delivered as required herein.
B. A public body may establish procedures for the withdrawal of bids forother than construction contracts.
C. No bid shall be withdrawn under this section when the result would be theawarding of the contract on another bid of the same bidder or of anotherbidder in which the ownership of the withdrawing bidder is more than fivepercent.
D. If a bid is withdrawn in accordance with this section, the lowestremaining bid shall be deemed to be the low bid.
E. No bidder who is permitted to withdraw a bid shall, for compensation,supply any material or labor to or perform any subcontract or other workagreement for the person or firm to whom the contract is awarded or otherwisebenefit, directly or indirectly, from the performance of the project forwhich the withdrawn bid was submitted.
F. If the public body denies the withdrawal of a bid under the provisions ofthis section, it shall notify the bidder in writing stating the reasons forits decision and award the contract to such bidder at the bid price, providedsuch bidder is a responsible and responsive bidder.
(1982, c. 647, § 11-54; 1985, c. 286; 1994, c. 897; 1999, c. 344; 2001, c.844.)
A. A bidder for a public construction contract, other than a contract forconstruction or maintenance of public highways, may withdraw his bid fromconsideration if the price bid was substantially lower than the other bidsdue solely to a mistake in the bid, provided the bid was submitted in goodfaith, and the mistake was a clerical mistake as opposed to a judgmentmistake, and was actually due to an unintentional arithmetic error or anunintentional omission of a quantity of work, labor or material made directlyin the compilation of a bid, which unintentional arithmetic error orunintentional omission can be clearly shown by objective evidence drawn frominspection of original work papers, documents and materials used in thepreparation of the bid sought to be withdrawn.
If a bid contains both clerical and judgment mistakes, a bidder may withdrawhis bid from consideration if the price bid would have been substantiallylower than the other bids due solely to the clerical mistake, that was anunintentional arithmetic error or an unintentional omission of a quantity ofwork, labor or material made directly in the compilation of a bid that shallbe clearly shown by objective evidence drawn from inspection of original workpapers, documents and materials used in the preparation of the bid sought tobe withdrawn.
One of the following procedures for withdrawal of a bid shall be selected bythe public body and stated in the advertisement for bids (i) the bidder shallgive notice in writing of his claim of right to withdraw his bid within twobusiness days after the conclusion of the bid opening procedure and shallsubmit original work papers with such notice; or (ii) the bidder shall submitto the public body or designated official his original work papers, documentsand materials used in the preparation of the bid within one day after thedate fixed for submission of bids. The work papers shall be delivered by thebidder in person or by registered mail at or prior to the time fixed for theopening of bids. In either instance, the work papers, documents and materialsmay be considered as trade secrets or proprietary information subject to theconditions of subsection F of § 2.2-4342. The bids shall be opened one dayfollowing the time fixed by the public body for the submission of bids.Thereafter, the bidder shall have two hours after the opening of bids withinwhich to claim in writing any mistake as defined herein and withdraw his bid.The contract shall not be awarded by the public body until the two-hourperiod has elapsed. The mistake shall be proved only from the original workpapers, documents and materials delivered as required herein.
B. A public body may establish procedures for the withdrawal of bids forother than construction contracts.
C. No bid shall be withdrawn under this section when the result would be theawarding of the contract on another bid of the same bidder or of anotherbidder in which the ownership of the withdrawing bidder is more than fivepercent.
D. If a bid is withdrawn in accordance with this section, the lowestremaining bid shall be deemed to be the low bid.
E. No bidder who is permitted to withdraw a bid shall, for compensation,supply any material or labor to or perform any subcontract or other workagreement for the person or firm to whom the contract is awarded or otherwisebenefit, directly or indirectly, from the performance of the project forwhich the withdrawn bid was submitted.
F. If the public body denies the withdrawal of a bid under the provisions ofthis section, it shall notify the bidder in writing stating the reasons forits decision and award the contract to such bidder at the bid price, providedsuch bidder is a responsible and responsive bidder.
(1982, c. 647, § 11-54; 1985, c. 286; 1994, c. 897; 1999, c. 344; 2001, c.844.)
