A. A bid containing a mistake discovered before bid opening may be modified or withdrawn by a bidder prior to the time set for bid opening by delivering written or telegraphic notice to the location designated in the invitation for bids as the place where bids are to be received. After bid opening, no modifications in bid prices or other provisions of bids shall be permitted. A low bidder alleging a material mistake of fact which makes his bid nonresponsive may be permitted to withdraw its bid if:
(1) the mistake is clearly evident on the face of the bid document; or
(2) the bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
B. Any decision by a procurement officer to permit or deny the withdrawal of a bid on the basis of a mistake contained therein shall be supported by a determination setting forth the grounds for the decision.
History: Laws 1984, ch. 65, § 79.
Section not applicable to executed contracts. — While this section can prevent modification of bid prices after bid opening, it does not address contracts or contract modification or reformation. Because this section relates to bids and not contracts, it is not applicable and it does not preclude contract reformation based upon mutual mistake discovered after contract formation. Ballard v. Chavez, 1994-NMSC-007, 117 N.M. 1, 868 P.2d 646.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 64 Am. Jur. 2d Public Works and Contracts § 80.
Mistake: right of bidder for state or municipal contract to rescind bid on ground that bid was based on his own mistake or that of his employee, 2 A.L.R.4th 991.
72 Supp. C.J.S. Public Contracts § 14.
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