CEMP-E/CECW-E
EI 01D010
1 September 1997
written amendment to the solicitation. In the event
16-5. Mistake in Bids
evaluation factors are selected to evaluate
proposals, price or cost to the Government shall be
a. General. After the opening of bids,
included as an evaluations factor in every source
contracting officers shall examine all bids for
selection. If a mistake in a proposal is suspected,
mistakes. In cases of apparent mistakes and in cases
the contracting officer shall advise the offeror or
where the contracting officer has reason to believe that
otherwise identifying the area of the proposal
a mistake may have been made, the contracting officer
where the suspected mistake is and request
shall request from the bidder a verification of the bid,
verification. If the offeror verifies its proposal,
calling attention to the suspected mistake. Any
award may be made. If an offeror alleges a
clerical mistake, apparent on its face in the bid, i.e.,
mistake in its proposal, the contracting officer shall
obvious misplacement of a decimal point, may be
advise the offeror that it may withdraw the
corrected by the contracting officer before award, after
proposal or seek correction by submitting clear and
first receiving verification of the bid intended.
convincing evidence and a determination is made
by agency. The cost engineer may also be involved
b. For other mistakes disclosed before award in
in providing support to the contracting officer if
sealed bidding, the bidder must provide clear and
any mistake concerns scope, quantity or prices in
convincing evidence to establish both the existence of
the Government estimate. The cost engineer may
the mistake and the bid actually intended. The
refer to FAR part 15 for the appropriate
contracting officer must make a determination as to
definitions, discussions and overview of the
the circumstances to verify the mistake; to allow the
acquisition requirements pertaining to negotiated
bidder to withdraw the bid; or make a determination
procurement. In the event negotiations are
that the bid be neither withdrawn nor corrected. The
conducted with offerors in the competitive field,
cost engineer may be part of the team of specialists to
the cost engineer should be a member of the
provide an analysis and a recommendation to the
negotiation team.
contracting officer. For the cost engineer, the
evaluation could be the verification of a quantity as
16-6. Civil Works Program Specific
related to a unit price bid item; or determination of a
fair and reasonable cost for a service or product. The
Requirements
cost engineer may refer to FAR part 14 for the
appropriate definitions, discussions, and overview of
a. Statutory cost limitations. In accordance
the acquisition requirements pertaining to sealed
with 33 U.S.C. 622 and 624, no civil works
bidding.
construction shall be awarded if the contract price
exceeds the Government estimate prepared in
c. The process for determination of a mistake in
accordance with 36.203.100 by more than 25
bid when the solicitation of a project is contracted by
percent. This limitation does not apply to change
negotiated procurement is similar to the procedure as
orders or contract modifications.
for sealed bidding. Additional tools are available to
the Government to amend a solicitation before award
b. Special problems.
as compared to sealed bidding. Clarification may be
used to communicate with an offerer for the sole
(1) For special cost engineering dredging
purpose of eliminating minor irregularities,
problems or concerns, the use of the Corps'
informalities, or apparent clerical mistakes in the
Regional Dredge Teams are recommended. These
proposal. In negotiated procurement, discussions
teams are composed of cost engineering and
means any oral or written communications between
construction-operations personnel most
the Government and an offeror that involves
experienced in dredging and established for the
information essential to determine the acceptability of
East Coast, West Coast, Gulf Coast, the Great
a proposal or provides the offeror an opportunity to
Lakes, and Mississippi River and tributaries. The
revise or modify its proposal. When, either before or
appropriate team is convened at the request of the
after receipt of proposals, the government changes,
District Engineer. The chairman of the regional
relaxes, increases, or otherwise modifies its
dredge teams shall be appointed by HQUSACE,
requirements, the contracting officer shall issue a
Chief, Cost Engineering Branch, CECW-EC, and
16-3
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