When responses are due in days, mistakes happen: a transposed digit in a price, a wrong unit of measure, an attachment from an earlier draft. What you can do about an error found after submission depends on the type of solicitation and on timing. The rules are strict for sealed bids, somewhat more flexible for negotiated proposals and different again for quotations. This is general information; if an error is significant, contact the contracting officer promptly and consider talking to a government contracts attorney.
Before the deadline: modify or withdraw
If you catch a mistake before the time set for receipt, you can usually fix it by submitting a modification or a replacement, following the solicitation’s instructions on how modifications must be marked and delivered. You can also generally withdraw an offer before the deadline. After the deadline, a modification is treated much like a late offer and is generally not considered, with narrow exceptions. That is one more reason to submit early: it leaves time to check your own submission once it is in.
Sealed bids: verification and the mistake rules
In sealed bidding, bids are firm once opened, and the FAR sets out specific procedures for mistakes. Contracting officers examine bids for mistakes and ask a bidder to verify its bid when a mistake appears likely. Apparent clerical mistakes, such as an obviously misplaced decimal point, can be corrected before award after verification. For other mistakes disclosed before award, a bidder generally may be permitted to correct its bid only with clear and convincing evidence of both the mistake and the bid actually intended, with additional limits if the correction would displace a lower bidder. If the evidence shows a mistake but not the intended bid, withdrawal may be permitted instead.
Negotiated proposals: exchanges and withdrawal
In negotiated procurements, the FAR allows clarifications, limited exchanges that may be used to resolve minor or clerical errors, typically when the agency plans to award without discussions. If the agency holds discussions, offerors can revise their proposals in final proposal revisions. Outside those exchanges, you cannot simply send in corrections. Proposals can generally be withdrawn by written notice at any time before award. If you discover a significant error, tell the contracting officer in writing, describe it precisely and let the government decide how to proceed within its rules.
Quotations, and mistakes found after award
Because a quotation is not an offer, the analysis differs. In general, there is no binding contract until the vendor accepts the government’s order, so a vendor that discovers a mistake in its quote should raise it immediately, before accepting the order or beginning work. Do not perform on an order you know is based on an error and hope to fix it later.
Mistakes discovered after a contract is awarded are much harder to address. The FAR allows relief in limited circumstances, for example when the mistake was mutual or when the contracting officer should have recognized the probability of a mistake before award, but these situations are fact-specific and require careful documentation.
- Have a second person check prices, quantities and units before submission.
- Confirm that every attachment is the final version.
- Keep a complete copy of exactly what you submitted.
- Report any error you find in writing, promptly and accurately.
The FAR’s mistake rules are in Part 14, with related provisions in Part 15, at acquisition.gov.