Section 6.230  Mistakes

a)         If a bidder claims a mistake in its bid, the bid may be withdrawn in accordance with this Section without payment of damages to the Department as provided in the terms of a bid bond or other bid security, provided the bidder claiming the mistake demonstrates to the CPO with competent and reliable evidence:

1)         that the claimed mistake is related to a material feature of the contract;

2)         that the mistake would have serious, material consequences to the bidder such that enforcement of a contract would be unconscionable;

3)         that the mistake occurred notwithstanding the exercise of reasonable care by the bidder; and

4)         that the bidder has raised the claim of a mistake without delay in order to prevent the CPO from altering its position in such a manner that loss to the State would occur.

b)         The CPO reserves the right to correct obvious, apparent errors in bids.  A bid may not be withdrawn if a mistake is apparent and the intended correct bid is clearly evident on the face of the bid.  Examples of mistakes that may be clearly evident on the face of the bid include but are not limited to typographical errors, errors in extending unit prices, transposition errors, and arithmetic errors.

c)         Mistakes claimed after execution of the contract will not be corrected.

(Source:  Amended at 44 Ill. Reg. 6222, effective April 8, 2020)