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While it is important to ensure compliant tenders are always issued so that a like-for-like comparison can be made, there is merit in allowing tenderers to submit an alternative tender submission in addition to a compliant tender. This may be for a shorter/longer programme, a different construction methodology or a different procurement route. It is essential to make it clear in the tender documents whether alternative tenders will be allowed or not and how they are to be dealt with. The usual method is to state that the alternative tender method will not be used in the evaluation process and not taken into account and will only reviewed in more detail if they become the preferred contractor. However, this could leave clients in a position where a very favourable tender is on offer but they are unable to take advantage, as the compliant tender did not compete well. To avoid this possibility, the conditions of tender should make it clear that alternative tender submissions may be reviewed independently of the tender competition and can be explored by the client team separately to the tender evaluation. If any alternative tender submission is to be considered the other tenderers must be given an opportunity to submit a like-for-like alternative tender to maintain parity. Alternative tender submissions are far more problematic for public procurement tenders and therefore should be avoided unless explicitly allowed for by the client. However, if a specific issue is to be a competition criterion (e.g. programme duration) then this should be made an explicit part of the tender evaluation criteria (i.e. allowing contractors to price alternative scope options for possible substitutions with tendered scope).
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