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The Fine Line Between Bid Repair and Bid Clarification: Permissible Post-Closing Conduct for Bidders and Procuring Entities

In June, we published an article addressing non-compliance and substantial compliance of tender bids. In that article, we discussed the need for bids to be compliant to give rise to Contract A—the bid contract. The requisite compliance, while assessed objectively, can vary depending on the express terms and conditions contained in the tender documents.

This article will examine situations when seeking clarification from a bidder post-closing may be permitted and when such conduct may constitute bid repair.

As published in the NRCA’s Northern Construction Connection August 2022 Newsletter, and VICA’s e-New.

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