So... I had a bid opening today, public municipality meeting. There was a bid put out for some work, I saw the notice in the paper, went to the owner had a walk thru of the proposed project and picked up my bid package. The bid package was a little generic, did include a scope of work requested, a map of the site, and a detail description of a product that was required. No legal mumbo jumbo, no formal bid sheet, just submit a quote. OK here is the problem. There was no mention of a bid bond required in the bid package, there was in the bid notice in the local paper. I was the low bidder on the project, but the solicitor wants to toss my bid based on the lack of a bid bond, I informed them that the bid package didn't contain any notice of a bond being required, but that I did have my checkbook in my pocket and was willing to write a check on the spot, as that's what the other bidder used as a bid bond in his package. I was told that I would not be able to submit a check then and the solicitor thought that it was a fatal error. Its my contention that the bid package trumps the bid notice, not the other way around. Both cause I didn't necessarily need to see the paper to hear about the bid and because the paper is second party news and the package is from the source. At the moment the project has been tabled until the next meeting of the municipality in 3 weeks or so. Whats your guys thoughts on how to procede? I don't want to loose the work, nor do I wanna raise a big stink. I'm friends with the other bidder, and I do a lot of work inside that municipality. I just want to do the job for what I bid it for!
I will bet that you won't get the job and it will be awarded to the next bidder, I feel your pain, but that is common practice for any type of missing document or bonds that were required to be submitted with the bid.
I agree I should be disqualified if I failed to submit what was required, but I didn't. They failed to inform the bidders in the bid package of what was required.
I agree that the actual bid package information should trump the notice in the newspaper. Normally all the requirements for bidding are included in the bid package. As you say, you did not need to read the newspaper notice inviting bids in order to know about the job, get a bid package, and submit a bid on the job.
Bid package trumps the newspaper ad - end of. A good lawyer would drive a coach & horses through the county solicitor's argument regarding the missing bond.
All this notwithstanding, any tender that I have ever bid on contains a clause which reads something along the lines of "the council is not obliged to accept the lowest, or indeed any bid if it so chooses."
You're in a tough situation. Yes I agree the bid bond should've been in the bid package but do you really want to force the issue and possibly ruffle feathers at the municipality? They could make this job hell if they wanted to.:cool2 If it were me, I'd chock it up as lesson learned and move on.
I agree with CM and Nige, decide if you want the job or if you want to keep a low profile with the city and respond accordingly.
I'm in agreement, the job is not worth trashing a relationship over. The bid is legit as there is aprox 4% difference in the bid. On a side note I just was informed today that the bid I submitted yesterday for another project was the low bid and for a much more profitable job. So I'll let them decide what they want to do... Do I have them over a barrel, maybe... but you don't keep every fish you catch.