CE 4221 Civil Engineering Practices, Quality and Legislation

Tutorial 6: Procurement/Tendering (ICTAD Bidding documents)

1. Can the lowest tenderer do anything if its tender is not

accepted?

Usually, RFQs and RFPs will specifically state words to the effect: “The lowest
or any tender will not necessarily be accepted” OR “The Employer reserves the
right to accept or reject any bid or reject all bids….” Clause 32 of ICTAD
Instructions to Bidders.
Therefore, there is no cause of action or comeback by the lowest tenderer if his
tender is not accepted.
Unless…… he can demonstrate or prove that his bid is a substantially
responsive bid and he is eligible and qualified in accordance with bidding
documents but he has been deceived or there is some “unsound” or fraudulent
practice going on with the Employer. Clause 31 of ICTAD Instructions to
Bidders

2. A contractor’s tender states that it is open for acceptance

for six weeks from the date of the tender, but the contractor
withdraws it after three weeks, stating that its workload has
suddenly increased. Is this contractor liable to the employer
for the additional costs of a replacement contractor for
bidding and longer bidding period?

If the Bidding Instructions and Conditions state that a tenderer must not
withdraw his tender for a given period and the tenderer does withdraw during
that period, then technically, the tenderer has breached the RFQ provisions (a
mini-contract has been created for Tender Proposals). Clause 15 of ICTAD
Instructions to Bidders. Also Clause 22.4 of ICTAD Instructions to Bidders.
To guard against such withdrawals, Clients these days require tenderers to
submit a tender deposit with the express conditions that if the tenderer pulls
out, then he loses his deposit. Clause 16 of ICTAD Instructions to Bidders.
The deposit can be seen as the consideration in the mini contract.

3. After receiving invitation to bid a tenderer called the

Employer and asked few questions in relation to the
surface and subsurface conditions of the site. The
Employer then remembered that a geotechnical

1
 investigation report including details of bore holes are
available for this site. What is your advice to the Employer?

Tender Clarifications to be done in writing. Clauses 9 and 17 of ICTAD

Instructions to Bidders
A Tender Addenda forwarding the geotechnical investigation report including
details of bore holes can be issued. Clause 10 of ICTAD Instructions to Bidders

4. Can a bidder offer a discount after the opening of bids?

No.
Clause 22.3 of ICTAD Instructions to Bidders

5. When can a bidder offer a discount?

Prior to the deadline date for submission of bids.
Clause 20, 22.1 and 22.5 of ICTAD Instructions to Bidders

6. Can a bidder offer an alternative cheaper bid?

No, unless alternative bids are invited under Clauses 5, 12.1(g) of ICTAD
Instructions to Bidders
Clause 29.3 of ICTAD Instructions to Bidders

7. During evaluation of bids it was found that the lowest

tenderer has made an error in one of the amount where the
line item did not tally with the unit rate multiplied by the
quantity? Can the evaluator correct this error and adjust the
bid?
Yes.
Clause 27 of ICTAD Instructions to Bidders