A. Any proposer who has submitted a response on a public works contract who claims a mathematical or clerical error in their solicitation response must lodge that claim, in writing, with the City Clerk within three days of the solicitation response deadline. The written claim must describe in detail the mathematical or clerical error and be accompanied by a sworn affidavit stating the facts of the alleged error. In addition, the proposer must request, in writing, to be released from its solicitation response. The City will reject all claims of error not filed in accordance with these time limits.

B. If a request to withdraw a solicitation response because of an alleged mathematical or clerical error is timely filed, the City Engineer will issue a written response to the request.

C. The City Engineer will determine whether or not the City should allow the request to withdraw the solicitation response. The City Engineer may appoint a hearing officer in accordance with this article.

D. These procedures do not apply to a proposer who seeks to have its solicitation response modified and reconsidered due to an alleged error in its solicitation response. The burden of proof that the error was a substantial mathematical or clerical error to justify the City’s release of the party’s solicitation response and any bid or submittal bond, if applicable, will remain with the proposer. (Ord. No. G-6153, 2016)