260:115-3-11. Bid submission, withdrawal, change and rejection

  1. Bid submission contents.
    Bidders shall submit all required forms, documents and contents as instructed. The legal name and complete address of the bidder, solicitation number and closing date shall be prominently displayed on each item submitted or if electronically submitted, in the subject line of the submission. Bidders may be required to prequalify in certain instances and, if so, shall prequalify in accordance with procedures established by the acquiring agency.
  2. Bid receipt.
    Upon receipt, the acquiring state agency shall clearly mark the outside of all envelopes or containers with the receipt date and time. Electronic submission of bids, when allowed, must be submitted in such a manner that the time and date of submission is electronically linked to the bid and cannot be changed.
  3. Late bids.
    A bid received after the closing date and time shall be rejected acceptance of the bid is authorized due to a significant error or incident that occurred which affected timely receipt. Unless opened for identification, a bid that was not electronically submitted and was received late will be returned unopened in a timely manner.
  4. Bid withdrawal before closing date.
    A bidder who desires to withdraw a bid prior to the closing date shall submit a written withdrawal request on the bidder's company letterhead and signed by the bidder's authorized representative or via electronic notice, as instructed by the acquiring agency. The withdrawal request must identify the requested method of return of the proposal, the person authorized to receive the returned bid, the bidder's name, solicitation number and closing date.
    1. If the bid was not submitted electronically and is to be returned via U.S. Postal Service or other small package carrier, the bidder must provide a method for return shipping charges.
    2. If the bid will be withdrawn in person, the authorized person must provide proof of identity as required by the acquiring agency. After confirmation of identity, the person accepting the withdrawn bid shall sign a receipt for the bid.
  5. Bid withdrawal after closing date.
    Withdrawal of a bid after the closing date shall not be authorized by the State Purchasing Director unless the bidder can prove a significant error by the bidder exists in the bid.
  6. Bid change prior to closing date.
    A bidder who desires to change a bid submitted to a state agency shall withdraw the submitted bid and submit another bid before the closing date.
  7. Reasons for bid rejection.
    A bid may be rejected when the bid is determined to be non-responsive or if the bidder is in violation of applicable procurement ethics laws or rules or determined not to be responsible for reasons including, but not limited to, those listed in 260:115-7-32.
  8. Change to a submitted bid.
    A bidder who desires to change a bid submitted to a state agency shall withdraw the submitted bid and submit another bid before the closing date.