Tender 13 minutes late

KBR

Hi,
I recently submitted a tender which arrived 13 minutes past the deadline time & was rejected unopened. Has anyone any advice on a procedure to get my tender considered now?
It's my own fault - I had it 6 weeks, couriered it to arrive on the last day & guaranteed to arrive before deadline time. But courier just didn't make it in time and delivered 13 minutes late.
1. We did a really great tender - it would have got 90% or more for quality
2. I think our price was low enough to win or be maybe 2nd best (we have won tenders for this product at a higher price before)
3. The 'incumbent' is an imported product which I have been trying to displace. It's been imported for the last 12-15 years - we have displaced this product in a couple of other locations and the clients there were really happy to see an Irish product entering the tender
4. Value initially was fairly small (for the amount of work that was involved in the tender) - 5 figure sum, but this would have led to repeat orders of the same item as it has does elsewhere.
5. This happened today

any advice?

MagicMarker

Don't be late next time.

Sacksian

I've had that happen before and, unfortunately, I don't think there's anything they can (or should) do.

Once it comes back unopened, I think it's fair enough that you shouldn't be allowed to resubmit - think of how you would react if your competitor won the tender and you found out that they submitted late?

None of the other stuff matters, only the fact that you were late and it was returned. Chalk it up to experience and move on.

Graham

I hate to echo MagicMarker and Sacksian but it's game over for this project KBR particularly if it's a government tender.

Any stretching of the rules opens the organisation up to all sorts of accusations of impropriety, it just won't be considered. Most government departments now appoint someone external to the project team to log/receive tenders to make sure everything is above board.

Barbaramc

KBR wrote:

Hi, I recently submitted a tender which arrived 13 minutes past the deadline time & was rejected unopened. Has anyone any advice on a procedure to get my tender considered now? It's my own fault - I had it 6 weeks, couriered it to arrive on the last day & guaranteed to arrive before deadline time. But courier just didn't make it in time and delivered 13 minutes late. 1. We did a really great tender - it would have got 90% or more for quality 2. I think our price was low enough to win or be maybe 2nd best (we have won tenders for this product at a higher price before) 3. The 'incumbent' is an imported product which I have been trying to displace. It's been imported for the last 12-15 years - we have displaced this product in a couple of other locations and the clients there were really happy to see an Irish product entering the tender 4. Value initially was fairly small (for the amount of work that was involved in the tender) - 5 figure sum, but this would have led to repeat orders of the same item as it has does elsewhere. 5. This happened today

Hey, I review alot of tenders within my job. Have they said that they won't review your submission? Personally I would have reviewed it but you would have lost marks for being late. Most companies use a marking system to determine the best tender submission.

KBR

Hi Barbaramc - it was a council so the manager may not have had any flexibility. But yes he has confirmed he will be returning it to me. I have never appealed a tender decision before - though I believe it is standard in scandinavian countries to do this as a matter of course. I was just wondering if anyone had done it for this reason ever.

Graham, Sacksian, MagicMarker - yes of course I know, I know, I know - I do these quarterly or sometimes monthly & was late twice - once about 5 years ago by 4 hours & rejected, once 4 years ago - something short like this one - can't remember the time - but the manager then (semi state) accepted it & we won it.

Kicking myself for not driving up this morning & hand delivering it. When I lose to an Irish company fair enough - but I am 99% sure an English company is going to get this one & its tragic.

Thanks for reading anyway

antoinolachtnai

In fairness to the UK company, they (presumably) got their tender in on time.

You would have to appeal this to the High Court, wouldn't you? Pretty pricey, and it would be difficult to win. You would also create a fair bit of ill will.

I would go and meet the purchasing manager in the next while (after the process is finished). If you really have value to offer or if they are not happy with the tenders they got, then maybe they will run another tender soon.

They cannot, or at least should not, issue follow-on orders on the basis of a previous tender win, unless it is some sort of framework agreement that was tendered.

With sterling so strong, you should look at opportunities in the UK too.

_Brian

I know one group who were 20 minutes late getting a tender in for five years worth if work. They lost out and nothing can be done.
12 staff members who have been doing the work for the last 14 years will now loose their jobs.

It's hard luck but there is a deadline for a reason and missing it by minutes is the same as not rendering at all.

delahuntv

Assuming all bids were sealed and no other party could see what anyone else bid for the tender, then at the deadline time, the bids could be opened and be looked at.

In 5 minutes an unscrupulous person on the inside could text another bidder with details of some tenders already in and within another 5 minutes a revised bid could have been printed and delivered (be sitting in carpark with document ready to print.)

Hence no tender delivered past the deadline can be considered or even opened to ensure everything is totally above board.

In these days of media hysteria, no-one will bend the rules. Otherwise Mick Wallace or Clare Daly will mouth about it!

Mrs OBumble

KBR wrote: »

but I am 99% sure an English company is going to get this one & its tragic.

Tragic? Hardly. The work is going to a company that's demonstrated it can get the basics right. Next time, get them right yourself and you will stand a chance.

Sorry if that sounds harsh, but that's the reality of it.

_Brian wrote: »

12 staff members who have been doing the work for the last 14 years will now loose their jobs.

Aren't they more likely they will be TUPED into the new undertaking?

Duckett

Rules are rules and they are there for good reason.

http://www.independent.ie/entertainment/books/being-there-trumps-being-fair-in-ireland-31115281.html

RainyDay

_Brian wrote: »

I know one group who were 20 minutes late getting a tender in for five years worth if work. They lost out and nothing can be done.
12 staff members who have been doing the work for the last 14 years will now loose their jobs.

It's hard luck but there is a deadline for a reason and missing it by minutes is the same as not rendering at all.

Sorry, but that's not hard luck - that's negligence. What kind of idiot managed to be 20 minutes when they knew the jobs of 12 people were depending on it?

novarock

Unfortunately tender conditions are there for a reason - I know it was out of your control, but if the tender was delivered after the deadline, the company will presume that the project will not be delivered on time. In reality the submitted tenders were left in a cabinet for a week before they were even opened.

draiochtanois

This post has been deleted.

Tefral

As a Quantity Surveyor I see this all the time, if it was for a private client and your bid was the lowest you'd probably have a hope.

But if your tender is even one minute late on a Public Procurement then there is no hope, ive had to return unopened letters before, and ive been on the other end too, racing up the road to get it in on time and just missing it.

My advice would be to speak to whoever specifies the materials you deal with. Get them to put em on the tender documents so that it says "Your material or equal and approved" so that in future they will do that.

Sorry OP, with EU procurement the EU Court of Justice can get involved and you can only imagine how much that costs.

RainyDay

cronin_j wrote: »

My advice would be to speak to whoever specifies the materials you deal with. Get them to put em on the tender documents so that it says "Your material or equal and approved" so that in future they will do that.

Could you expand on what this means, please?

_Brian

Mrs OBumble wrote: »

Tragic? Hardly. The work is going to a company that's demonstrated it can get the basics right. Next time, get them right yourself and you will stand a chance.

Sorry if that sounds harsh, but that's the reality of it.






Aren't they more likely they will be TUPED into the new undertaking?

It's being looked into but the winning party have staff at the ready, part of te tender insists they have staff skills already in place and funding to execute so I can't see any of the 12 making it.
Major F-up but rules are rules.

Tefral

RainyDay wrote: »

Could you expand on what this means, please?

Ill give you an example from the construction industry.

Say you have a building that needs new light fittings. Under EU procurement rules your not allowed stick someone to a particular brand.(The restriction on the use of trade names when specifying products in public procurement arises from the EU Procurement directive 2004/18/EC)

So what happens is this, the designer usually familiar with a particular brand take Thorn for example, they in their documents will put down Thorn or equal and approved. Your guaranteed that everyone pricing it will get a price from Thorn and some others. If the Thorn price is anyway close to the alternatives you'd go with that as if you go with an alternative, its up to you to prove that the alternative is of the same quality etc (which might cost you both time and money)

So the OP is better off sitting down with whomever is specifying the materials and have a chat with them so the next time a document comes out it will say "OP material" or equal and approved

pedronomix

Most tenders require that the goods/services be provided in a timely manner, Who would give the contract to the incompetatnt who cannot even manage to get their bid in on time!! Sad...!