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