Competitive Bidding Construction Engineering 380 Engineering Law.

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Presentation transcript:

Competitive Bidding Construction Engineering 380 Engineering Law

Competitive Bidding In theory- promotes access, stewardship of public resources, and prevents favoritism and corruption It is designed to prevent paying too much Difficult to overcome performance uncertainties (get what you pay for) Usually have some qualification test or responsibility reviews

Competitive Bidding Advertisement, invitation, (pre)qualification, request for proposal, submittal, review (bid qualification) award Alternates can be complicated and lead to accusations of favoritism (add and subtract alternates until you get the contractor you want)

Competitive Bidding Ability to withdraw, amend or revise a bid varies by jurisdiction Subcontractor bids are bound by promissory estoppel doctrine Recovery under an illegal contract varies by jurisdiction Bid documents have legal efficacy, at least under parol evidence, despite AIA language