Correction Error In Tender
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wrongs? Righting wrongs? Friday, 30 January 2015 James Falle and Catherine Haugh consider when authorities can
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or must allow bidders to correct errors in their tenders Imagine this scenario: you spend weeks preparing a tender for a particularly important contract. After burning much
Arithmetical Error In Tender
midnight oil, you submit your tender and are quietly confident of your chances. Then the bombshell lands: the authority informs you that due to a clerical error your tender has been rejected. Sound familiar? It is a far more common problem than you would think. In the last six months alone we have seem numerous issues relating to errors in tenders, including: Tenders exceeding the word count Tenders being submitted in hard copy when the authority asked for electronic submission Tenders stating the wrong price due to arithmetical errors The tender submission deadline being extended at the last minute, apparently on the basis that a bidder was having problems Tenders submitted late due to technical problems accessing the portal Each of these cases creates risks which the authority must weigh up carefully: the risk that a rejected bidder may seek to challenge its rejection, versus the risk that another bidder complains about unequal treatment favouring a bidder who the authority allows to correct errors in its tender. In this article we will consider: The relevant policy considerations; When an authority must allow bidders to correct an error The authority's discretion to allow bidders to correct errors The importance of the equal treatment principle Tips on ensuring that errors do not derail the procurement process Policy consider
servicesSecuritiesLitigationInsurance and responsibilityInsolvencyDebt recoveryDispute resolutionLabour and employmentCareersFAQPublicationsNews Errors in tenders: Preventing them to avoid the very worstOctober 2004 Subscribe Publications What's new Contact Us PDF Oct 2004 Errors in tenders: Preventing them to avoid the very worst Preparing a tender is a meticulous process that is not always guaranteed to bear fruit. Tight deadlines, ambiguous call for tender documents and the desire to be the lowest bidder are a few of the elements which pave the way for errors http://www.footanstey.com/updates-a-publications/2611-righting-wrongs-james-falle-and-catherine-haugh-consider-when-authorities-can-or-must-allow-bidders-to-correct-errors-in-their-tenders and the potential liability of the tenderer.In the next few pages, we will consider certain important aspects in the preparation of a tender with a view to avoiding or, at the very least, limiting errors. We have drawn inspiration from an analysis of various court decisions on this topic, thereby giving true http://www.degrandprechait.com/en/publications-realestate/93-errors-in-tenders-preventing-them-to-avoid-the-very-worst meaning to the saying that we should “learn from the mistakes of others.” Preventing errors in tenders Understanding the client's needs To understand a client's needs, one must carefully read (and reread) the tender invitation and the specifications. This step is particularly important if the extent of the client's request is large and falls outside the usual scope of one’s activities.If the client's documents contain ambiguities, it is preferable to contact the client immediately in order to obtain the necessary clarifications; although these ambiguities may be interpreted in tenderer’s favour, there is nevertheless a real risk that a court called upon to settle the matter will not agree with the tenderer. Indeed, in Emco Ltée v. Construction Goscobec inc.1, the Court of Appeal did not share the supplier's opinion in this regard and criticized it for not having asked the client for additional information. Moreover, beyond the legal considerations, clients often appreciate a pro
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