GNG 4170 Lecture Notes - Lecture 5: Worst-Case Scenario Series, Liquidated Damages, Plasticine
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Feb 14/2010 lecture 5 (not including first day) Doing work for tender; including the sentence m may not select lowest bid & may not select any bidder . M may not select lowest bid = this bid won"t be determined solely by price. May not select any bidder = if none of the bidders qualify the criteria. So it says if none of the bidders qualified then they are not required to pick one. If no one was qualified the municipality isn"t forced to choose. Contract a is binding on the owner as well. Municipality was thinking they would prefer that a local would win. If a non-local winner wins according to the qualify bid, they"ll give it to the local. A non-local should have won, but a local fell in that range so they gave it to the local winner. They were suing for the loss of profits.