ADMINISTRATIVE SERVICES DIVISION

Special Research & Investigation

INADVERTANT CLERICAL ERROR

The Prime Contractor as a condition to assert a claim of Inadvertent Clerical Error in the listing of a Subcontractor shall within two (2) working days after the time of the prime bid opening by the Board of Public Works give written notice to the Board and copies of such notice to the Inspector and both the Subcontractor he claims to have listed in error and the intended Subcontractor who had bid to the Prime Contractor prior to the bid opening.

Any listed Subcontractor who has been notified in writing by the Prime Contractor within two (2) days of the bid opening as to an Inadvertent Clerical Error shall be allowed six (6) working days from the time of the bid opening within which to submit to the Board, the Inspector, and to the Prime Contractor written objection to the Prime Contractor's claim of Inadvertent Clerical Error. Failure of such listed Subcontractor to file such written notice within the six (6) working days shall be primary evidence of his agreement that an Inadvertent Clerical Error was made and the substitution shall be allowed.

The Board shall, after a hearing, and in the absence of compelling reasons to the contrary, consent to the requested substitution of the intended Subcontractor if:

• The Prime Contractor, the subcontractor listed in error, and the intended Subcontractor each submit an affidavit to the Board along with such additional evidence as the parties may wish to submit that an Inadvertent Clerical Error was in fact made, provided that the affidavits from each of the three parties are filed within eight (8) working days from the time of the prime bid opening.

• If such affidavits are filed by both the Prime Contractor and the intended Subcontractor within eight (8) working days from the time of the prime bid opening, but the Subcontractor whom the Prime Contractor claims to have listed in error does not submit within six (6) working days, to the Board, the Inspector, and to the Prime Contractor, written objection to the Prime Contractor's claim of Inadvertent Clerical Error as required.

If such affidavits are filed by both the Prime Contractor and the intended
Subcontractor, but the listed Subcontractor has, within six (6) working
days from the time of the prime bid opening, submitted to the Board, the Inspector, and to the Prime Contractor written objection to the Prime Contractor's Claim of Inadvertent Clerical Error, the Inspector shall investigate the claims of the parties and the Board shall hold a hearing to determine the validity of such claims. Any determination made shall be based on the facts contained in the declarations submitted under penalty of perjury by all three parties and supported by testimony under oath and subject to cross-examination. The Board may, on its motion or that of any other party, admit testimony of other contractors, any bid registries or depositories, or any other party in possession of facts which may have a bearing on the decision of the Board.

The decision of the Board shall be binding on all parties.