The bill of quantities makes nonsensical specifications? You are supposed to name employees for each part of the service? Offer a technically superfluous position? And, of course, disclose your purchase prices? This can’t possibly be meant seriously, can it?
If you’ve found yourself in this situation at times, you’re like many other contractors. An item in the bill of quantities seems so nonsensical that it looks like an oversight — or like malicious intent. The question is, how do you deal with it now?
Many entrepreneurs do not fill in anything. They leave the position blank, a price or product information is missing, even though required. These entrepreneurs act accordingly to the motto: What cannot be meant seriously is not meant seriously either. Unfortunately, this is usually a rather bad motto. Generally, the client wants not only correct, but also complete information from you. He also is entitled to this. If the missing information is not merely company-related, but performance-related — which is almost always the case with prices — then he may only demand it within very narrow limits. In most cases, these limits are exceeded. In other words, your bid will be excluded. And even if the client is allowed to make additional demands, this does not necessarily mean that he must do so.
Before submitting a bid, you should do two things if you have discovered — loosely and non-juridically speaking — nonsense in the specifications: Ask questions and file complaints. In addition, you should seek legal advice on what you can and cannot state in a legally secure and meaningful manner. After submitting your bid, you should be ready: If the contracting agency excludes your bid, have that decision reviewed by an attorney immediately. Sometimes there are ways and means to get you back into the evaluation. However, don’t let time pass here; often it’s only a matter of days.
*This legal tip is not a substitute for legal advice in individual cases. By its very nature, it is incomplete, nor is it specific to your case, and it also represents a snapshot in time, as legal principles and case law change over time. It cannot and does not cover all conceivable constellations, serves entertainment and initial orientation purposes and is intended to motivate you to clarify legal issues at an early stage, but not to discourage you from doing so.