Title 36, Chapter 91, Section 52
( 36-91-52)
(a) As used in this Code section, the term "bid" includes proposal
and the term "bidder" includes offeror. (b) Any governmental entity receiving bids subject to this article
shall permit a bidder to withdraw a bid from consideration after the
bid opening without forfeiture of the bid security if the bidder has
made an appreciable error in the calculation of his or her bid and
if: (1) Such error in the calculation of his or her bid can be
documented by clear and convincing written evidence; (2) Such error can be clearly shown by objective evidence drawn
from inspection of the original work papers, documents, or
materials used in the preparation of the bid sought to be
withdrawn; (3) The bidder serves written notice upon the governmental entity
which invited proposals for the work prior to the award of the
contract and not later than 48 hours after the opening of bids,
excluding Saturdays, Sundays, and legal holidays; (4) The bid was submitted in good faith and the mistake was due to
a calculation or clerical error, an inadvertent omission, or a
typographical error as opposed to an error in judgment; and (5) The withdrawal of the bid will not result in undue prejudice
to the governmental entity or other bidders by placing them in a
materially worse position than they would have occupied if the bid
had never been submitted. (c) In the event that an apparent successful bidder has withdrawn
his or her bid as provided in subsection (b) of this Code section,
action on the remaining bids should be considered as though the
withdrawn bid had not been received. In the event the project is
relet for bids, under no circumstances shall a bidder who has filed
a request to withdraw a bid be permitted to resubmit a bid for the
work. (d) No bidder who is permitted to withdraw a bid pursuant to
subsection (b) of this Code section shall for compensation supply
any material or labor to, or perform any subcontract or other work
agreement for, the person or firm to whom the contract is awarded or
otherwise benefit, directly or indirectly, from the performance of
the project for which the withdrawn bid was submitted. |