Page 29 - AASBO Winter 2019.indd

STORY KICKER

BY BILL MUNCH

Procurement Dilemmas: When is a ‘Minor

Informality’ or ‘Mistake in Bid’ Minor?
Bill Munch

e School District Procurement Rules (R7-2-1001(73)) Although I always struggle as a procurement
say that “Minor informalities” are mistakes, excluding officer when I am forced by the stringent
judgmental errors, that have negligible effect on price,
quantity, quality, delivery or other contractual terms and requirements of the invitation to bid
the waiver or correction of such mistake does not prejudice process to recommend disqualification of an
other bidders or o erors.
is article will speci cally address mistakes in bids where apparent low bidder, I remind myself that
the district must determine whether a bid is “responsive.” compliance with the procurement rules and
For Requests for Proposals (RFPs), the district must
determine whether o ers are “acceptable or unacceptable” the integrity of the bid process far outweighs
as opposed to “responsiveness.” is distinction for RFPs the potential cost savings. The cost of non-
along with the fact that mistakes can be corrected during compliant purchases is much greater. Only
CONTINUED ON PAGE 30 the attorneys win in this situation.

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