What the package contains
In public contracts, the tender package contains the special specification, the tender schedule and, where applicable, drawings, sketches, measurements and samples.
It is published electronically on the dedicated portal.
In private contracts the composition falls to the client, but the logic is the same: without a common basis, no comparison.
The structure of the specification itself is covered in the article on what a specification contains.
| Document | What it provides | Effect if missing |
|---|---|---|
| Contractual clauses | The legal framework of the contract | Disputes over obligations |
| Technical clauses | The execution requirements | Quality undefined |
| Measurement and schedule | The quantities to be priced | Incomparable bids |
| Drawings | The geometry of the design | Quantities unverifiable |
| Programme | The expected time limits | Damages unenforceable |
Why the annexes bind just as much
This is the most misunderstood point.
Drawings, the programme, the health and safety plan and the ground investigation form part of the package, and therefore of the contract.
A ground investigation issued binds the assumptions it contains. The contractor prices on what it was given.
Conversely, an investigation not issued cannot be relied on against the contractor, even where the client held it.
This symmetry is often ignored: withholding unfavourable information to keep the price down then exposes you to a well-founded claim.
The question of contradiction between annexes and text is covered in the article on general and particular.
What must appear in private work
Six elements, for want of a default framework. They belong in the package on private contracts.
The exact scope of the tender, packages concerned and works expected.
The form of contract envisaged, measured, lump sum or other.
The date and arrangements for returning bids.
The period of validity of bids, without which the contractor's commitment is uncertain.
The selection criteria, if they are to be enforceable.
The arrangements for queries, covered in the article on queries and corrections.
The fourth and fifth are the most often omitted, and their absence is paid for at analysis.
The commonest omissions
Four gaps, all producing variance.
Site constraints, access, hours, coexistence with ongoing activity, storage.
Phasing, where the works cannot be carried out continuously.
Interfaces between packages, determining who does what at junction points.
Site set-up works, often assumed included without being described.
The third point is the costliest during the works, since an unallocated interface stays unbuilt until somebody pays for it.
What the package must not contain
Two precautions.
Unapproved working documents, superseded sketches or interim versions, which create contradictions.
Unqualified indicative references. A document issued without a statement of its status will be treated as binding.
If a document is issued purely for information, that must be written, failing which it binds like the rest.
What this means for a professional
Four rules.
List the contents of the package within the package itself, which fixes the contractual scope.
Issue the investigations you hold, omission exposing you to claim.
Qualify the status of each document, contractual or informative.
Describe the interfaces between packages, rather than letting them be discovered on site.
This article reflects practice and rules at the date of checking and serves professional orientation. It does not constitute legal advice.