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!
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!
Bid notice vs. Bid package
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