1. Restrictive specifications:  The specification calls for a "No Substitute" item and you know that only one dealer in town can sell that particular brand. You also have another brand in your line that you consider equal or better. In this instance, contact the purchasing agent and ask the reason for the no-substitute entry. Most purchasing agents rely on their using agencies for justification for using a single brand and the agent's technical expertise is almost always less than that of the user. Your call can start the agent on a fact finding hunt to determine if the no-substitute nomenclature was necessary. Don't forget that the agent  probably has a "no substitute" justification in the bid files. Ask for a copy or review the file copy to determine if the reasons for the "no substitute" action are valid.

2. Open specifications:  On the other extreme, the specification calls for material in such broad terms that a wide range of items can be bid of varying qualities and purposes. How do you compete with a spec that is too open? Call the agent or the buyer and determine who originated the request and then contact the originating agency. Using agencies can get into a habit of re-ordering without taking a look at the market place to determine better ways of doing the same thing, are not aware of a  specialized piece of equipment that would suit their needs better than the requested item, or just copy last year's request for a similar item without sufficient research.  Make these contacts and chances are that the bid specification will be amended and revised to more nearly reflect what is needed by the local government. When making contacts with the using agency,  always try to talk to the division manager and not the end user employee. Always head for the decision makers.

3. Unintelligible specifications:  What are they looking for? You cannot make heads nor tails out of the request. Call the  purchasing office and let them know. The reasons for this type of specification can vary from a lack of technical knowledge to a printing or copying error. Find out what is wanted and offer to help correct the specification.

4. Time limit specifications: This is usually based on demands by the using agency for fast service from purchasing, but is occasionally caused by an error or delay in processing the bid through the system. The request is dated the first of the month, you get it the fifth of the month and the bid opens on the tenth.  Contact the purchasing office and determine the reason for the short time allowed for the bid. Get the name of the user and ask if the the time limit is really important. Many times, the using agency (the division manager) would like to have a fast bid but will admit that the time limit is not critical.  If the time limit was originally requested by the user, the user can initiate a time extension for the bid response through purchasing to open up
competition.

Method of award
Some awards are on a low bid per item, while others are on an aggregate basis.  Determine which award method will be used in the bid so that your pricing will permit award of a a single item rather than the whole package. If your bid states that it is all or none, you will not be considered if the award is split.

Delivery
Local governments usually insist on all pricing to be FOB destination; that is, the vendor will pay all freight and include freight cost in the bid price.  Your suppliers may bid a price to you that is FOB their plant, placing the freight charge burden on you. Be sure that you include the freight when bidding. Proposals requiring that the local government pay the freight FOB point of origin are frequently  rejected as non-responsive.

Local government employees
This is a standard entry that prohibits local employees from participating in or benefiting from a public bid. This may apply to the immediate families of employees which may be employees of the bidder.

Discounts/Payment Terms
Some local governments automatically apply payment terms in the boilerplate.  If you object to the payment terms in the boilerplate, say so as an exception in the bid proposal. It could be in your best interest to adjust your bid if the payment terms are considered in award. By offering favorable payment terms, the chances are that you will also be paid on time. Read this paragraph of the boilerplate carefully to be sure that you and your accounts receivable  section understand the requirements completely.

Bid withdrawal
Conditions under which a bid may be withdrawn are usually included in the specifications. If no withdrawal is mentioned in the specification, most state and local laws allow withdrawals when it is clearly shown that the bid contained a clerical error.  When you receive an award based on a wide difference between your bid and the second bidder's proposal, re-check your figures immediately to see if an error has occurred.

Qualification of bidders
This paragraph is the one most used in disqualifying a bidder. It details the minimum requirements that a bidder must meet in order to receive an award.

Funding clause
Most local governments include a non-appropriation clause. This clause is required because of the nature of local government budgeting. It means that, should the local government fail to appropriate the funds for the contract in the next year, the contract will be cancelled with no penalty to the local government even though the contract may run into the next budget year. This does not usually apply to one-time purchases of materials unless the bid is placed late in the budget year.

Liability
There is usually a liability clause which excuses vendor performance in the event of disasters, strikes and similar occurrences.

Assignment
No government contract can be assigned to another party without the consent of the local government.

Independent contractor
The bidder is regarded as an independent contractor completely separate from the local government and acting in its own interest in all contract matters.

Invoices
This paragraph, found in many boilerplate sections states the requirements of invoicing. Most local governments will date an invoice from the date of receipt of the invoice or the date of receipt of the total order, regardless of the date you place on your invoice. Understanding this section can eliminate confusing calls by your accounts receivable section when looking for "past due" payments from a local government when the payment is not past due according to the boilerplate terms.

Bidder responsibility
Bidders are cautioned to check out all of the conditions existing before placing a bid, particularly when a service is bid. Be sure to make site inspections and clear up any questions on a bid so that you will not be surprised when the local government demands service that you did not include in your bid price but which was evident to a bidder making the necessary user contacts or site inspection.

Warranty
This paragraph usually includes a mandatory warranty period for items bid. If you take exception, indicate it in your bid. If the standard warranty exceeds the local governments specification, detail the extra warranty provided. It could mean a bidding advantage for you.

Additional information
When a local government requires that additional information be solicited only from the purchasing office, do not contact the user unless the purchasing office approves the contact.

Prevailing order
This  paragraph states which of the bidding documents prevails over the others.  Read this carefully for a requirement in the general conditions (boilerplate) could be cancelled out by a conflicting requirement in the bid specification. When you see conflicting paragraphs in the standard boilerplate and the specifications, contact the purchasing office for an amendment to clarify the conflict.

References to other
Whenever you see a documents reference to another document, be sure that you understand the other document. Referenced documents such as AIA forms, OSHA standards, other specifications, laws, etc. may be available from the purchasing office.

Insurance requirements
If there are detailed insurance requirements listed, check the requirements with your insurance agent. In many instances, local governments require more insurance than you may normally carry. If you get an award without checking if you have the  insurance, you may have to pay an additional premium for the needed insurance coverage without having included the extra insurance costs in your original bid price.