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Exhibit A to Administrative Order No. 44-23-01-F <br />City of Eugene Public Contracting Rules 2022 – Part 2 Page 37 <br /> <br />voluminous Bids, if the Solicitation Document so provides, the Contracting Agency will not <br />read Offers aloud. <br />Related State Statutes: ORS 279A.065 & 279B.055 <br /> <br /> <br />137-047-0460. Late Offers, Late Withdrawals and Late Modifications <br />Any Offer received after Closing is late. An Offeror's request for withdrawal or modification of an <br />Offer received after Closing is late. An Agency shall not consider late Offers, withdrawals or <br />modifications except as permitted in OAR 137-047-0470 or 137-047-0261. <br />Related State Statutes: ORS 279A.065 & 279B.055 <br /> <br /> <br />137-047-0470. Mistakes <br />1) Generally. To protect the integrity of the competitive Procurement process and to assure fair <br />treatment of Offerors, a Contracting Agency should carefully consider whether to permit <br />waiver, correction, or withdrawal of Offers for certain mistakes. <br />2) Contracting Agency Treatment of Mistakes. A Contracting Agency shall not allow an Offeror <br />to correct or withdraw an Offer for an error in judgment. If the Contracting Agency discovers <br />certain mistakes in an Offer after Opening, but before Award of the Contract, the Contracting <br />Agency may take the following action: <br />a) A Contracting Agency may waive, or permit an Offeror to correct, a minor informality. A <br />minor informality is a matter of form rather than substance that is evident on the face of <br />the Offer, or an insignificant mistake that can be waived or corrected without prejudice to <br />other Offerors. Examples of minor informalities include an Offeror's failure to: <br />A) Return the correct number of Signed Offers or the correct number of other <br />documents required by the Solicitation Document; <br />B) Sign the Offer in the designated block, provided a Signature appears elsewhere in <br />the Offer, evidencing an intent to be bound; and <br />C) Acknowledge receipt of an Addendum to the Solicitation Document, provided that it <br />is clear on the face of the Offer that the Offeror received the Addendum and intended <br />to be bound by its terms; or the Addendum involved did not affect price, quality or <br />delivery. <br />b) A Contracting Agency may correct a clerical error if the error is evident on the face of the <br />Offer or other documents submitted with the Offer, and the Offeror confirms the <br />Contracting Agency's correction in Writing. A clerical error is an Offeror's error in <br />transcribing its Offer. Examples include typographical mistakes, errors in extending unit <br />prices, transposition errors, arithmetical errors, and instances in which the intended <br />correct unit or amount is evident by simple arithmetic calculations (for example, a <br />missing unit price may be established by dividing the total price for the units by the <br />quantity of units for that item, or a missing or incorrect total price for an item may be <br />established by multiplying the unit price by the quantity when those figures are available <br />in the Offer). Unit prices shall prevail over extended prices in the event of a discrepancy <br />between extended prices and unit prices. <br />c) A Contracting Agency may permit an Offeror to withdraw an Offer based on one or more <br />clerical errors in the Offer only if the Offeror shows with objective proof and by clear and <br />convincing evidence: <br />A) The nature of the error; <br />B) That the error is not a minor informality under this subsection or an error in judgment;