In brief
- A bid that excludes rock, dewatering or backfill states what the bidder thinks the job needs; the client must test that claim against the drawings.
- Ask for the letterhead, contact and role of each referee, then call the referee and ask what plant, crew and material the bidder actually ran.
- Confirm the required ground investigation before tender, and make the priced scope match the specification so comparisons are like for like.
Contents
Tender exclusions competency risks in Borama arise when a bidder lists exclusions in a priced tender and the client accepts them without checking the evidence behind the claim. An exclusion is a statement about scope: what the bidder says the job does not include. The risk is not the exclusion itself, but a bidder who cannot show that they priced the included work with real capability.
What does an exclusion in a Borama tender actually claim?
An exclusion is a claim about the works, and it shifts a defined scope onto someone else. A bidder who excludes rock excavation, dewatering, hard standing, testing or cart-away is telling the client that the priced work stops at that boundary. An exclusion for unforeseen ground can hide a bidder who never investigated the site. Read the exclusion list against the drawings and the specification. Ask the town or district office what ground records it holds for the plot, and confirm the ground conditions against the project's specification. Then ask each bidder, in writing, which site information they used to set that boundary. An honest answer names a document or a site visit. A vague answer leaves the boundary unverified, so ask for the document or site visit behind it.
How do you test a capability claim without a paper trail?
An exclusion can carry a capability claim behind it: the bidder says they can do the included work. Test the claim through people and records, not through the document. Ask for a referee letter on the referee's own letterhead, with a name, a role, a phone number and the dates of the work. Then call the referee and ask what plant the bidder owned or hired, how many workers were on site, who supervised, and what the soil or rock was. Walk a recent site the bidder names and look at what stands: a wall, a slab, a footing. Photographs taken at the time, delivery notes for cement and rebar, and test results from a laboratory all beat a stamped letter. Where a bidder says a laboratory tested material, ask the laboratory to confirm the sample reference. Where they say a consultant supervised, ask the consultant. If a claim has no document and no witness, treat it as unpriced risk and price it as a variation in your own comparison.
Where do unrecognized scope gaps show up later?
Unrecognized scope gaps appear as variations, delays and disputes once the work starts. If rock is excluded and rock is found, excavation stops while the parties agree a rate. If testing is excluded, a foundation may be poured on ground nobody characterised. If backfill compaction is excluded, the floor slab may settle later. These are commercial events, not just technical ones, and they land on the client. Reduce them before award. Confirm that the ground investigation required by the specification has been done and shared with every bidder, so all bids price the same ground. Ask each bidder to list, in writing, what they assumed about access, water, spoil disposal, testing and supervision. Compare those lists across the bids. Check what your contract says about variations before you sign, and keep a written record of every assumption and answer. Two clear bids beat five cheap ones built on different pictures of the job.
What to do next
Write to every bidder today and ask for their exclusion list, the site information they relied on, and two referees with phone numbers. Call those referees this week and ask what the bidder actually built. Then ask the relevant local authority or the employer's engineer which ground records exist for the plot before you award, and confirm locally what is available.
Frequently asked questions
Can a client reject a bid just because an exclusion looks wide?
You can ask the bidder to justify or withdraw the exclusion, and you can score the bid on the risk it leaves with you. Check what your tender rules and contract allow before you decide, and record the reason for your decision in writing.
What if there is no ground investigation before tender?
Then every bidder is guessing, and the exclusions will reflect those guesses. Commission the investigation or, if time does not allow, ask all bidders to price a defined provisional item for rock and unsuitable material so the bids compare like for like.
Local reporting: this article is written for building work in Borama and Somaliland. Ground conditions, prices and rules differ between places; confirm the details for your own site.