I am using fiddic silver book modified in one of the tender the lowest bidder disagree to sign the contract agreements due to boycott clauses.....etc now the lowest bidder want to outsource the contract with his local agent but he will not sign any contractual agreement with employer since local agent not in the list of bidders which is not possible to accept as per clauses of tender documents.Please comment?
Thanks in advance.
Answer Dear Mr Shoaib,
Since you have not signed the contract, your Silver Book conditions do not apply. It is indicated in the instructions to tenderers that in case of disagreement to sign the Contract, Employer has a right to encash his bid bond and continue with the second lowest bidder. Generally, boycott clauses same in all middle east countries therefore contractors have to accept or not submit any bid. As you have pointed out, only pre-qualified bidders or bidders selected by the Employer can sign the contract. Local agent of bidders are completely out of the picture and can not be negotiated. If local agent could be a party for performing the job, they could participate to the tender.
I have experience of working at 6 countries in MENA region (algeria, Libya, Saudi Arabia, Oman, Pakistan)as the Regional Director and General Manager of a construction company. I have experience on various applications of FIDIC and construction law, arbitration procedures, claim management, project management.
Organizations CEO of TURCON Construction presently.
Education/Credentials M.S. Civil Engineer, Various Courses on Project Management, Seminars on FIDIC.
Past/Present Clients National Highway Authorities of various countries, Water and Power Development Authorities, Karachi Port Trust, etc.