Common Problems in the Drafting of Tender DocumentsJ. Marc MacEwingBuildex 2016 – February 25, 2016

POOR DRAFTING- Inconsistent provisions

- Inclusion of Contract B provisions

- Unclear or ungrammatical wording

- Inadequately worded privilege clauses

Counter-productive “philosophy”- Unreasonable privilege clauses

- Complicated tender procedures

- Mixing of negotiation with tendering

Approaches to tendering- Lack of knowledge of tendering law

- Lack of care in setting, understanding and following tender “rules”

Practice points for tender submissions1. Have a basic knowledge of tendering law2. Read and understand the totality of the

procurement documents3. Clarify pre-bid questions using designated

process4. Quality assurance for tender preparation5. Comply with all tender requirements