Photo by Whitehorse Star
Pictured Above: RON VEALE
Photo by Whitehorse Star
Pictured Above: RON VEALE
A Yukon Supreme Court judge ruled that more than $4 million in public construction contracts will go to a B.C.-based company because Whitehorse firm P.S. Sidhu Trucking submitted its bid several seconds too late.
A Yukon Supreme Court judge ruled that more than $4 million in public construction contracts will go to a B.C.-based company because Whitehorse firm P.S. Sidhu Trucking submitted its bid several seconds too late.
Justice Ron Veale said in a ruling late Friday afternoon that a Sidhu representative handed in its $4.2-million bid to rebuild the Tatchun Creek Bridge after the 4 p.m. deadline on Aug. 15, 2013.
The clock at the Department of Highways and Public Works had just struck four – past the stated deadline set in the tender document.
That means the public tender will go to the next-lowest bidder, CMF Construction, a general contracting firm based on Vancouver Island. Its bid to rebuild the bridge was for roughly $4.8 million.
Tatchun Creek Bridge is located north of Carmacks just past the Five Finger Rapids.
On Aug. 15, a Sidhu representative submitted a bid at 3:59 p.m., according to the witnesses as well as the procurement centre time stamp.
However, the representative then asked for the bid back, unsealed it, made a mark on the document and returned it. The bid was stamped again, this time reading 4 p.m.
"While this may have been a perfectly innocent event, it is a clear breach of the instructions ... and violates the integrity and fairness of the bidding process,” Veale said.
"Last-minute jockeying for tendering is ripe for abuse.”
At one point, the outcome of the legal battle seemed to rest partly on the definition of 4 p.m. itself.
Government lawyers stated that Sidhu's bid was received "on the stated deadline of 4 p.m.” – that is, within the period of 4:00 and 59 seconds.
Veale ultimately decided that was irrelevant, since the instructions said to submit the bid "before the specified time,” and not a second after.
"One thing is for sure: if you arrive early, you won't have this problem,” he said.
"Time is money,” he added. "And time has meant a great deal of money to the lawyers here today ....”
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Comments (5)
Up 14 Down 1
Arn Anderson on Oct 1, 2013 at 12:23 pm
Quick rebuttal to Just saying's comment. If the contractor was late with the bid, what else are they late with?
Up 31 Down 0
Dustin on Oct 1, 2013 at 8:48 am
It will cost more but might teach a local company a lesson in bid management...
If the judge had given in to Sidhu and allowed the bid it would have opened a far greater can of worms.
To me receipt of Bid before 4Pm means any time prior to 3:59:59, after that they are null and void and should not even have been opened.
Up 32 Down 1
hmmm on Oct 1, 2013 at 6:36 am
I work in public procurement and see this all the time. Get your bid in a day earlier so if something comes up you have time!! The only bad decision here was the company's who waited till the last second to submit.
Up 15 Down 19
Just Say''in on Sep 30, 2013 at 9:38 am
Unfortunately we all loose. The local bid was 600,000.00 less. Loss to the contractor Loss to the local payrolls and money to an outside contractor who will take all the money south, and for the pleasure we pay 600,000.00 extra. I think this was a bad decision.
Up 35 Down 8
Lloyd on Sep 30, 2013 at 8:04 am
No good reason to wait until the last minute. You snooze, you lose.