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You are the procurement profession for the City of Fanshawe which is a largemunicipality in Ontario. The City has issued a formal Request for Tender

You are the procurement profession for the City of Fanshawe which is a largemunicipality in Ontario. The City has issued a formal Request for Tender (RFT) tosupply fire equipment to your Fire Department, the equipment is critically needed by thegrowing community. The budget estimate for the equipment is $3,200,000.00 and hasnot been disclosed to the public. As always, you and the Fire Department are hoping fora high degree ofcompetition and pricing thatis within yourbudget.

A public notice of the RFT was used as is policy under the Municipal Act. TheSpecifications were detailed so only pricing is required from the bidders. The RFT wasposted for the minimum amount of time required by trade agreements and the MunicipalAct, you and the Fire Department feel that all bidders had adequate time to prepare aquality bid.

Bids were, previously, opened in person in your office but your department has recentlytransitioned to an e-bidding platform which allows bidders to see the results once theRFTlistinghas expired.

The bid results are as follows:

Bidder

Fire Engine

Pump andRescue

Aerial Truck

TOTAL

A

$1,200,000 $700,000 $350,000 $2,250,000

B

1,400,000 620,000 290,000 2,310,000

C

1,050,000 575,000 360,000 1,985,000

After the RFT closes you receive a phone call from a frantic potential bidder who claimsthey were on the e-procurement platform and submitted their bid before the close time.They are stressed and indicate that their bid was very competitive and that we would bespending tax payers dollars very wisely if we considered them. They also said that theirboss is going to be very upset and they could lose their job over this situation. The e-procurement platform's clocks are in sync with standard time and match yourcomputer's time.

Upon closer look at the RFT submissions you notice that Bidder C's submission is non-compliant. They indicated that they do not agree with two requirements that wereindicated in the Specifications as mandatory. One requirement was the timeframe fortruck delivery,the otherwas safety lighting.

Using the information provided, answer the following questions. Provide sufficientsupportforyourrationale/decision.

  1. Whodo youconsidertobe the lowestbidder? Explainyourdecision.
  2. How would you handle the evaluation of Bidder C's response? Do you agree withthedetermination thatthey are non-compliant?
  3. Can you consider the potential bid from the potential bidder who claims theysubmitted on time? How would you handle the situation?
  4. Canyou look atthe potential bid submission? Why orwhy not?
  5. Find an example of a clause from a public agency that addresses latesubmissions.

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