Joined: Jan 30 2005 Posts: 7152 Location: one day closer to death
tigertot wrote:No there isn't.
Offer Acceptance Intention Consideration Capacity
It's up to the purchaser to satisfy themselves of the integrity of the bid.
Much of which is based on data, statements, projections, legalese, SLAs and pricing provided by the bidder.
How, pray tell, would the purchaser be able to proceed without trusting the information they are given? There are of course (limited) checks and balances to confirm the substance of the bid, but ultimately the bidder is the sole source of the majority of the information.
I've been on both ends of enough tenders to know how it works.
It's up to the purchaser to satisfy themselves of the integrity of the bid.
The first part of your post is correct.
However, regarding "the purchaser to satisfy themselves of the integrity of the bid.", I dont believe this is always the caes and there are circumstances where, if the information given in any tender is proven to be incorrect, there will be a get out clause for any supplier or, as usually happens, they carry on until the end of the tender period and use the experience to guide them in future deals with whichever company.has "wronged" them. There can also be occasions when "fixed" pricing can be altered during the period of supply.
Joined: Dec 22 2001 Posts: 17146 Location: Olicana - Home of 'Vark Slayer
Cronus wrote:Much of which is based on data, statements, projections, legalese, SLAs and pricing provided by the bidder.
How, pray tell, would the purchaser be able to proceed without trusting the information they are given? There are of course (limited) checks and balances to confirm the substance of the bid, but ultimately the bidder is the sole source of the majority of the information.
I've been on both ends of enough tenders to know how it works.
I start from the basis of not trusting a word a bidder tells me. It is up to me to satisfy myself that key information is true. Perhaps my industry is even more dishonest than normal. That's the reason why lawyers make a fortune out of contracts & why procurement legislation is in place.
“At last, a real, Tory budget,” Daily Mail 24/9/22 "It may be that the honourable gentleman doesn't like mixing with his own side … but we on this side have a more convivial, fraternal spirit." Jacob Rees-Mogg 21/10/21
A member of the Guardian-reading, tofu-eating wokerati.
tigertot wrote:I start from the basis of not trusting a word a bidder tells me. It is up to me to satisfy myself that key information is true. Perhaps my industry is even more dishonest than normal. That's the reason why lawyers make a fortune out of contracts & why procurement legislation is in place.
Given the track record (geddit) of the previous private operators on the East Coast Mainline, I'd have thought that the DofT would have gone through the bid with a fine toothed comb. However, the fact that they wanted to get through before possibly losing an election may have affected their judgement. After all the previous public operator was producing a profit for the taxpayer. Bigotry and dogmatism were behind the awarding of this franchise. So no wonder they cocked up so badly.
Joined: Dec 22 2001 Posts: 17146 Location: Olicana - Home of 'Vark Slayer
wrencat1873 wrote:The first part of your post is correct.
However, regarding "the purchaser to satisfy themselves of the integrity of the bid.", I dont believe this is always the caes and there are circumstances where, if the information given in any tender is proven to be incorrect, there will be a get out clause for any supplier or, as usually happens, they carry on until the end of the tender period and use the experience to guide them in future deals with whichever company.has "wronged" them. There can also be occasions when "fixed" pricing can be altered during the period of supply.
Contractually & legally you are correct. However my job is to identify upfront the lies & dishonesty in a bid & subsequent contract. If I just sat here & said "Don't worry boss, it might be 6 months late & £1m over budget, we've got a thousand students with nowhere to live & nowhere to study, but I've just sussed they lied in their bid so we have grounds for breach of contract" I wouldn't last long. This is the industry & business that gave you Grenfell.
“At last, a real, Tory budget,” Daily Mail 24/9/22 "It may be that the honourable gentleman doesn't like mixing with his own side … but we on this side have a more convivial, fraternal spirit." Jacob Rees-Mogg 21/10/21
A member of the Guardian-reading, tofu-eating wokerati.
Joined: Jan 30 2005 Posts: 7152 Location: one day closer to death
tigertot wrote:Contractually & legally you are correct. However my job is to identify upfront the lies & dishonesty in a bid & subsequent contract. If I just sat here & said "Don't worry boss, it might be 6 months late & £1m over budget, we've got a thousand students with nowhere to live & nowhere to study, but I've just sussed they lied in their bid so we have grounds for breach of contract" I wouldn't last long. This is the industry & business that gave you Grenfell.
That's all very nice and you are quite right to be as thorough as possible, but ultimately at some point you have to make a decision based on data and information provided by your bidder - some of which you will have no way of independently verifying.
Unless, of course, in your line of work EVERYTHING is on public record and can be disclosed without fear of confidentiality, compliance, antitrust and data protection liabilities. Which would be very unlikely.
Joined: Dec 22 2001 Posts: 17146 Location: Olicana - Home of 'Vark Slayer
Cronus wrote:Unless, of course, in your line of work EVERYTHING is on public record and can be disclosed without fear of confidentiality, compliance, antitrust and data protection liabilities. Which would be very unlikely.
Under EU & UK public procurement legislation every single word of communication between bidders has to be retained. A rejection of a bid or objection to an award can be raised by any bidder which will result in full scrutiny of the entire process. Similarly, external funding bodies have audit processes in place to ensure the full procurement process was open & transparent. I am not allowed to have off the record conversations with bidders, it all has to be communicated via a procurement portal & all bidders be informed of answers to any questions raised by other bidders.
“At last, a real, Tory budget,” Daily Mail 24/9/22 "It may be that the honourable gentleman doesn't like mixing with his own side … but we on this side have a more convivial, fraternal spirit." Jacob Rees-Mogg 21/10/21
A member of the Guardian-reading, tofu-eating wokerati.
Joined: Feb 27 2002 Posts: 18060 Location: On the road
tigertot wrote:Under EU & UK public procurement legislation every single word of communication between bidders has to be retained. A rejection of a bid or objection to an award can be raised by any bidder which will result in full scrutiny of the entire process. Similarly, external funding bodies have audit processes in place to ensure the full procurement process was open & transparent. I am not allowed to have off the record conversations with bidders, it all has to be communicated via a procurement portal & all bidders be informed of answers to any questions raised by other bidders.
And in the real world
Your job is to say to yourself on a job interview does the hiring manager likes me or not. If you aren't a particular manager's cup of tea, you haven't failed -- you've dodged a bullet.
In the real world - I am subject to exactly the same rules tigertot has described; that's how procurement with the NHS and LA's works, and despite my best efforts, there is no way around it.
And which world would that be? The one where tenders are accepted with a nod and a wink, an extra brown envelope, and the furious deleting of email exchanges? Tigertot's description of the tender process is exactly how it works where I work, and as bren2k has pointed out, there is no way around it. We actually employ a person dedicated to ensuring everything is done to the letter.
"Back home we got a taxidermy man. He gonna have a heart attack when he see what I brung him."
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