Section 132F-164-130. Informalities or irregularities in bidding.

An informality or irregularity in bidding is one which is merely a matter of form and/or is some immaterial variation from the exact requirements of the invitation for bid, having no effect (or merely a trivial or negligible effect) on price, quantity, quality, or delivery of the desired materials and the correction or waiver of such irregularity or informality will not affect the relative standings of, or be otherwise prejudicial to bidders. The buyer shall either give the bidder an opportunity to correct any deficiency resulting from an informality or irregularity or waive any such deficiency where it is to the advantage of the institution. The following examples of informalities or irregularities may be waived:

(1) Failure to include sales brochure for complete description.

(2) Inclusion of a letter bid as well as standard invitation to bid form.

(3) Vendor's standard terms and conditions variance from agency's terms and conditions.

[Order 11, § 132F-164-130, filed 4/19/73.]

Order 11, § 132F-164-130, filed 4/19/73.