Construction Law/Tendering issues

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Question
Dear Sir
This has to do with tendering issues for a government department in the Middle East.
In one of the tenders, a revised BoQ was issued with some additional items as a tender addendum. Due to client’s error, one of the bidders did not get this addendum, and they have based their bid on pricing the old BoQ. This has resulted is one of them being the lowest bid, but having ‘missing rates’. This was discovered after opening the bids.

Question:
What is the general practice in such a situation?
Can you provide options with Pro's and Con's.
Like;
Complete Retender
Insertion of missing rates by the Evaluator
Allowing defaulting bidders to rebid the missing items
Allowing all bidders to rebid the missing items
Is there any other viable option.

Answer
Dear Jaison,


Thank you for your question.

If it is the fault of the Tenderer for having failed to incorporate that change in his bid, he should bear the consequences.

If it is the Employer that failed to inform the respective bidder, the tendering procedure should be cancelled and re-launched.

Any other option would not be fair to the other tenderers.

Trust that answer your question.

Construction Law

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Florin NICULESCU

Expertise

Questions related to Civil Engineering Contracts, using FIDIC or other Conditions of Contract, concerning Procurement procedures and documents (pre-qualification, tendering and contracting) and Services/ Works Contracts implementation matters including Determinations, Payments, Time Extensions, VOs, Claims/Disputes. Additionally, questions related to dealing with International Financing Institutions. Can also answer questions in Romanian. Can not answer improperly formulated questions.

Experience

Over 20 years of experience in the field of design, works supervision, construction, management of aid funds and technical assistance for various types of contracts implementation, including severe conflictual contractual situations leading to Claims and disputes. Claims/ Contract management, Disputes adjudication, Arbitration.

Organizations
Member of Romanian Professional Association of Roads and Bridges; Listed on President's List of Adjudicators of Romanian Association of Consulting Engineers www.aric.org Former member of the Disputes Resolution Board Foundation (DRBF) of United States – nominee on DRBF President’s Disputes Board Members List www.drb.org and of DRBF Chapter for Eastern Europe http://dabdrb.googlepages.com Former member of Polish Association of Consulting Engineers (SIDiR) – nominee on SIDiR President’s Disputes Board Members National List http://www.sidir.pl/sidir/index.php?action=czlonkowie&a2=r Member of “AllExperts.com” volunteers pool http://www.allexperts.com/user.cgi?m=4&expID=85358&catID=914 Member of the "Constructions Disputes Resolution Services” International Panel of Construction ADR Specialists" of United States www.constructiondisputes-cdrs.com

Education/Credentials
- Graduate in 1994 the Construction Institute - Graduate of several FIDIC,Procurement and other courses - Graduate of first Disputes Board Members Mentoring Scheme (http://www1.fidic.org/resources/adjudicators/pupilage.html) - FIDIC Accredited Adjudicator

Past/Present Clients
- Several State organisations/Ministries , such as Ministry of Transport, National Admistration of Roads, Ministry of Regional Development (former Ministry of European Integration), Public Works and Housing, Central Contracting and Financing Unit in Romania and also in Turkey, Croatia and Macedonia - Numerous Western based private consultancy companies - full CV and other relevant information available at www.abinitio.ro

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