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Notice of Approval of Bid Withdrawal <br />• DeVere Construction Company <br />Justice Facilities Expansion Project <br />DeVere Gonstruction Company requested their bid be withdrawn without <br />forfeiture of their accompanying bid bond due to an obvious clerical error in <br />producing the bid. NC G.S. 143-129.1 indicates that "A public agency may allow <br />a bidder submitting a bid pursuant to G.S. 143-129 for construction or repair work <br />or for the purchase of apparatus, supplies, materials, or equipment to withdraw <br />his bid from consideration after the bid opening without forfeiture of his bid <br />security if the price bid was based upon a mistake, which constituted a <br />substantial error, provided the bid was submitted in good faith, and the bidder <br />submits credible evidence that the mistake was clerical in nature as opposed to a <br />judgment error..." The Statute further provides that the request for withdrawal be <br />made in writing to the public agency within 72 hours of the bid opening. Review <br />by staff and the County Attorney has determined that the bid in question appears <br />to have been submitted with an obvious error in the amounts submitted for the <br />alternates. Further, the request for withdrawal was presented within the required <br />timeframe. Pursuant to Statute, DeVere Construction Company will provide no <br />material or labor, nor will they perform any subcontract or other work associated <br />with this project or for any person associated with this project. <br />• Orange County Board of Commissioners ruled, pursuant to NC General Statutes <br />Section 143-129.1, that the bid of DeVere Construction Company is allowed to <br />be withdrawn for the reasons provided in the documents presented and the <br />information otherwise provided without forfeiture of DeVere Construction <br />Company's bid bond. <br />Approved this 15th day of May, 2007. <br />Moses Carey, Jr., Chair <br />Orange County Commissio <br />1, Donna S. Baker, Clerk to the Orange County Commissioners certify this to be a <br />true and accurate accounting of action taken by the Orange County Board of <br />Commis toners on y 15, 2007. <br />Donna S. Baker, Clerk to the Board <br />• <br />