Quote:
Originally Posted by someone123
Are you sure about this? Contracts are not always awarded from RFPs. Certainly there are times when somebody looks for bids, gets nothing suitable, and decides not to go ahead with a project. It sucks for bidders but that's the nature of contract work. I would guess that HRM uses boilerplate documents stating that there's no promise of work for anybody, but I do not know if that is actually the case. Maybe they have crazy legal requirements.
The situation where a contract is awarded and then torn up by council is clearer.
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No... I'm not sure. In fact, I'm quite certain that there the city probably included the right to refuse to award the work to anyone.
1. That's different than issuing an RFP without intent to award.
2. Other jurisdictions have found out the hard way that the clauses inserted are pretty weak protection against lawsuits. A judge would consider that a refusal to award to an entity that scored well according to the criteria outlined by the Municipality would have to be based on pretty solid grounds. Indecisive councils aren't really a good excuse.
The hypothetical situation here in HRM would not be that the Municipality decided not to award to the highest scoring bidder, and instead went with someone else (which is what those clauses are supposed to allow - weakly, in my opinion).
Admittedly, it would not be a clear-cut case. I also doubt anyone would really challenge this. My gut is that any consultant that did not win this RFP would be happy in the long run. I can imagine that with a Council like this, fees would be quickly exhausted, with very little appetite on the part of the Municipality to compensate for extra work.