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Competitive Bidding

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

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Competitive Bidding

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  1. Competitive Bidding Construction Engineering 380 Engineering Law

  2. 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

  3. 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)

  4. 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

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