An “immaterial error” is an irregularity or abnormality that is either a matter of form that does not affect substance or an inconsequential variation from a requirement of a solicitation that has no, little, or a trivial effect on the procurement process and that is not prejudicial to other vendors. Immaterial errors include (1) a missing signature, missing acknowledgment of an addendum, or missing copy of a professional license, bond, or insurance certificate; (2) a typographical error; (3) an error resulting from an inaccuracy or omission in the solicitation; and (4) any other error that the Procurement Officer or the Board of Education reasonably considers to be immaterial. Utah Code § 63G-6a-103(39), (83), (96) (2018) The Board of Education or its designee may allow a vendor to correct an immaterial error in a responsive solicitation response. If correction is allowed, the Board or its designee shall establish and enforce a deadline for corrections to be submitted (corrections may not be accepted after the established deadline). If correction is allowed, the Board or its designee shall prepare and sign a written document supporting the reason for allowing the correction. The vendor is not allowed to (1) correct any deficiency, inaccuracy, or mistake in a solicitation response other than an immaterial error; (2) correct an incomplete submission of documents required to be submitted with the solicitation response; (3) correct a failure to submit a timely solicitation response; (4) substitute or alter a required form or other document specified in the solicitation; (5) remedy a cause for a vendor being considered to be not responsible or a solicitation response not responsive; or (6) correct a defect or inadequacy resulting in a determination that a vendor does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.
Utah Code § 63G-6a-114 (2016) Utah Code § 63G-6a-410(7) (2017) Utah Code § 63G-6a-605(1)(a) (2016) Utah Code § 63G-6a-706(1)(a) (2016)
1.1010.13 REQUEST FOR CLARIFICATION Issue Date: 12/13/18 CBA
In this section, “solicitation,” “vendor,” and “immaterial error” have the same meaning as in “Correction of Immaterial Errors,” above. The District may, at any time, make a written request to a vendor to clarify information contained in a responsive solicitation response. The response may be made either in writing or by submitting a printed document. If the District requests clarification, it shall establish and enforce a deadline for submitting the clarifying information (the District may not accept clarifying information submitted after the established deadline). A vendor response to a request for information is only allowed to explain, illustrate, or interpret the contents of the vendor’s original solicitation response. The response may not be used to address criteria or specifications not contained in the solicitation response. The response may not be used to: (1) correct any deficiency, inaccuracy, or mistake in a solicitation response other than an immaterial error; (2) correct an incomplete submission of documents required to be submitted with the solicitation response; (3) correct a failure to submit a timely solicitation response; (4) substitute or alter a required form or other document specified in the solicitation; (5) remedy a cause for a vendor being considered to be not responsible or a solicitation response not responsive; or (6) correct a defect or inadequacy resulting in a determination that a vendor does not meet the mandatory minimum requirements, evaluation criteria, or applicable score thresholds established in the solicitation.
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