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Construction Law/Contractual conflicts

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Question
Dear Peter M Eliot
With best regards
I always needed your valuable comments.
The matter is needed to clarify that;

1. we have submitted a BID for consutancy services with proposed team of technical persons for Technical proposal and rate the same in Financial proposal.The BID was awarded to our consultancy firm.

2. The validity period of BID was 180 days; which has been expired.

3. The contract negotiation can be completed within the period of validity period of BID. As per provisions of RFP of BID document during negotiation proposed team composition replace by more than two persons then Bid will become non responsive.

4. The BID validity period has already expired and same was not proposed to extend by the Employer.

5. We wants to continue with this situation to perform the negotiation on the basis of BID validity period has expired and Employer fails to extend the same within the time period.

Please advise on the situation;
a. Can we ask to the Employer relexation on replacement limit in composition of Team as the person were proposed originally has engagged themselves for other assignment after expiry of BID validity period?

b. Employer can consider the BID NULL and VOID after expiring of BID validity period or it shows malafied intention of Employer and open the chance to turn under conflict of interest?

c. In this situation Consultant can propose himself under the BID with new composition of Team for contract negotiation out of the condition of RPF.

Thanks in advance for valuable advise.

SANJAY

Answer
Dear Sanjay,

This is not a question about FIDIC conditions of contract so it is difficult to give you a definitive answer, but here goes.

a. Yes.

b. The Employer can cancel the process and the bidders can refuse to extend their bid bonds or refuse to negotiate, once the tender validity period has expired.  No conflict of interest nor mala fide if no tender is accepted before the validity expires.  

c. Yes.  

Construction Law

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Peter M. Elliott

Expertise

First response to queries regarding extensions of time, variations orders, site instructions and payment using FIDIC and other forms of Conditions of Contract, based on English Law, and derivatives only. Anyone who needs advice about EoT should download and study the SCL Delay & Disruption Protocol www.eotprotocol.com before submitting a question.

Experience

Value . . .
It's unwise to pay too much, but it's unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything, because the thing you bought was incapable of doing the thing you bought it to do.
The common law of business balance prohibits paying a little and getting a lot. It can't be done. If you deal with the lowest bidder, it's well to add something for the risk you run.
And if you do that, you will have enough to pay for something better.
. . . John Ruskin (1819 - 1900)
"We are too poor to buy something cheap"
.Romanian Proverb 2002
A lean compromise is better than a fat lawsuit. George Herbert (English poet 1593-1633)
I said it in Hebrew, I said it in Dutch,
I said it in German and Greek:
But I wholly forgot (and it vexes me much)
That English is what you speak!" Hunting of the Snark - Lewis Caroll
Match your presentation to the reader!
The joy of food lasts but an hour, of sleep but a day, of a woman, but a month, but the joy of a building lasts a lifetime. Syrian proverb.
Comments and observations leading to improvements in the translation of FIDIC Red & Yellow books into Romanian prior to approval by FIDIC (reference 'Preface to the Romanian edition')

Organizations
Institution of Civil Engineers, Association of Chartered and Certified Accountants, Society of Construction Law, Dispute Resolution Board Foundation

Education/Credentials
B Sc(Hons) in Civil Engineering

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