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    A Legitimate Alternative for Unbalanced Bidding in Unit Price Contracts

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 004::page 04523035-1
    Author:
    Khaled Hesham Hyari
    ,
    Ahmed Khalafallah
    DOI: 10.1061/JLADAH.LADR-994
    Publisher: ASCE
    Abstract: Unit-price contracts are common in public construction projects. Such contracts expose contractors to economic risks due to deviations between owner-estimated quantities and actual quantities of work. Contractors typically respond to such risks by submitting unbalanced bids that are opposed by owners and may lead to the rejection of the submitted bid. This paper presents the development of a legitimate alternative for unbalanced bids and proposes a bid adjustment procedure that can be used by bidders to adjust item rates before submitting the bid based on the envisioned quantities of work. The procedure can be used whether the bidding documents include a changed quantity clause or not and takes into consideration the terms of the changed quantity clause if such a clause exists in the bidding documents. The procedure protects the contractor from financial losses when the project experiences an underrun in quantities. Likewise, the procedure improves the competitiveness of the contractor when the project is expected to experience an overrun in quantities. The procedure is expected to help contractors submit a responsive and balanced bid and eliminate the need to submit an unbalanced bid. An illustrative example is analyzed to show the use of the procedure and its effectiveness in improving the profitability of the contract.
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      A Legitimate Alternative for Unbalanced Bidding in Unit Price Contracts

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    http://yetl.yabesh.ir/yetl1/handle/yetl/4296092
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    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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    contributor authorKhaled Hesham Hyari
    contributor authorAhmed Khalafallah
    date accessioned2024-04-27T20:50:52Z
    date available2024-04-27T20:50:52Z
    date issued2023/11/01
    identifier other10.1061-JLADAH.LADR-994.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4296092
    description abstractUnit-price contracts are common in public construction projects. Such contracts expose contractors to economic risks due to deviations between owner-estimated quantities and actual quantities of work. Contractors typically respond to such risks by submitting unbalanced bids that are opposed by owners and may lead to the rejection of the submitted bid. This paper presents the development of a legitimate alternative for unbalanced bids and proposes a bid adjustment procedure that can be used by bidders to adjust item rates before submitting the bid based on the envisioned quantities of work. The procedure can be used whether the bidding documents include a changed quantity clause or not and takes into consideration the terms of the changed quantity clause if such a clause exists in the bidding documents. The procedure protects the contractor from financial losses when the project experiences an underrun in quantities. Likewise, the procedure improves the competitiveness of the contractor when the project is expected to experience an overrun in quantities. The procedure is expected to help contractors submit a responsive and balanced bid and eliminate the need to submit an unbalanced bid. An illustrative example is analyzed to show the use of the procedure and its effectiveness in improving the profitability of the contract.
    publisherASCE
    titleA Legitimate Alternative for Unbalanced Bidding in Unit Price Contracts
    typeJournal Article
    journal volume15
    journal issue4
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/JLADAH.LADR-994
    journal fristpage04523035-1
    journal lastpage04523035-10
    page10
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2023:;Volume ( 015 ):;issue: 004
    contenttypeFulltext
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