This guide covers what clarification questions are, common examples, how to ask carefully (as responses are shared with all bidders), and why frequent clarifications occur.
This guidance has been prepared to help Contracting Authorities conduct lawful evaluation and moderation processes as part of their procurements with a particular focus on the requirements under the new Act.
Clarifications in bidding are a critical aspect of the procurement process. They serve as the communication bridge between buyers and bidders, aiming to resolve any ambiguities, inconsistencies, or unique requirements found in tender documents.
This section provides guidance on how to conduct post tenderclarifications and negotiation, where appropriate. It is important that any discussions at this stage are fully documented.
It considered that there are three stages to consider when addressing whether or not a contracting authority has the discretion to seek clarification, when that discretion become a duty, and what the permissible limits are to any response to a request for clarification.
Clarification of Tenders. 26.1 To assist in the examination, evaluation, comparison of the Tenders, and qualification of the Tenderers, the Procuring Entity may, at its discretion, ask any Tenderer for a clarification of its Tender.
Learn the steps, rules, and tools to run a fair and clear tenderevaluation process. Tenderevaluation is how you choose the right contractor for your construction project. It’s the step where you assess bids to find the best value, not just the lowest price.
Make sure that all tenderers are happy with the process and that they have no issues or queries. Any clarification or questions sought during the process must be recorded. It is good practise to offer feedback to unsuccessful tenderers.
For bidders, it is important to know when to seek clarification, and in particular, often risky to adopt a "wait and see" approach. The clarifications process which is incorporated into most public procurements is an excellent tool.