Tender Queries & Responses

Section 1

Purpose

During the tender period, tenderers will submit queries seeking clarification on design information, specification, contract conditions, scope inclusions/exclusions, programme requirements, or site access arrangements. The QS is responsible for managing this process: collating queries, coordinating responses with the design team, and issuing written answers to all tenderers simultaneously. Parity — the principle that all tenderers receive the same information at the same time — is the cornerstone of a fair tender process and a fundamental obligation under RICS Tendering Strategies (2015).

Queries that reveal a genuine ambiguity, error or omission in the tender documents must be resolved by issuing a formal Tender Addendum (see GN-TD-05), not by answering individual queries informally. Where the addendum requires tenderers to re-price items, a reasonable extension to the tender period must be granted and confirmed to all tenderers simultaneously.

A complete query register — recording every query received, the response given, the date of response, and confirmation that the response was issued to all tenderers — forms an essential part of the tender audit trail. For public sector projects, this documentation is evidence of regulatory compliance and may be required in the event of a procurement challenge.

Section 2

Key Principles

RICS Tendering Strategies (1st edition, 2015), Section 3.9 — During the Tender Process: governs query management, parity obligations, mid-tender interviews, and the procedure for managing design changes during the tender period.
RICS E-Tendering (2nd edition, 2010), Section 4: confirms that tender queries must be submitted and answered via the e-tendering portal to maintain a complete and auditable record of all communications during the tender period.
Competition Act 1998: bid-rigging and anti-competitive information sharing are criminal offences; selective disclosure of tender information to one tenderer is a serious compliance risk. Parity protects against this.
Procurement Act 2023, s.12(2): a contracting authority must treat suppliers the same unless a difference between them justifies different treatment, and must take all reasonable steps to ensure that any justified difference in treatment does not put a supplier at an unfair advantage or disadvantage. In practice this means clarifications and supplementary information must be issued to all participating tenderers on the same terms and at the same time. The Act sets no fixed deadline for doing so — the duty is principles-based. For procurements commenced before 24 February 2025, which continue under the Public Contracts Regulations 2015 by virtue of reg 5 of SI 2024/716, reg 53(6) required supplementary information to be supplied to all tenderers not later than 6 days before the tender deadline (4 days in an accelerated procedure). Failure to maintain parity can render the procurement process unlawful and can found a claim for breach of statutory duty.
CDM 2015, Regulation 4: where a query reveals additional health and safety information that affects the pre-construction information, an updated version must be issued to all tenderers.

Section 3

Practical Application

Step 1

Establish the query management protocol at tender issue: specify in the Instructions to Tenderers that all queries must be submitted via the e-tendering portal (not by phone, email or informal meeting); state the query submission deadline (typically five to seven working days before tender return); confirm that responses will be circulated to all tenderers simultaneously.

Step 2

Log each query as it is received: record the tenderer's reference, the date received, the section of the tender documents the query relates to, and a summary of the query. Assign a QS query reference number. Do not acknowledge which tenderer raised a query when issuing the response.

Step 3

Assess each query: categorise as (i) clarification only — answerable by the QS from the existing documents; (ii) design clarification — requires input from the architect, structural or M&E engineer; (iii) design change — reveals an error, omission or ambiguity in the tender documents that requires a formal addendum; or (iv) query revealing a commercially sensitive design approach — must be handled carefully to avoid disclosing preferred tenderer identity.

Step 4

Coordinate design-team responses promptly. Set response turnaround targets with the design team: routine clarification responses within three working days; design change responses within five working days. Delayed responses waste tenderers' pricing time and may require tender period extensions.

Step 5

Anonymise all responses before issue: strip any identifying information from the response that could reveal which tenderer asked the question. Issue all responses via the portal simultaneously to all tenderers. Update the query register to confirm the date and method of issue.

Step 6

Where a query reveals that a formal addendum is required, escalate immediately to the design team and client. Prepare the addendum (see GN-TD-05) and assess whether a tender period extension is necessary. Issue the extension notification to all tenderers simultaneously.

Step 7

Hold mid-tender interviews only where they are specified in the Instructions to Tenderers. If used, mid-tender interviews provide an opportunity to discuss method statements, programme logic and team quality — but must not involve discussion of tender price, discounting, or competitive positioning.

Step 8

Close the query period at the stated deadline. Issue a final query register summary to all tenderers confirming the complete list of queries and responses issued. Retain the full query register as part of the tender audit file.

Section 4

Common Mistakes to Avoid

Answering queries verbally or by phone — any oral answer that is not simultaneously issued in writing to all tenderers breaches parity and may constitute selective disclosure; all responses must be in writing via the portal.
Failing to anonymise responses — if a response inadvertently reveals which tenderer asked the question, other tenderers may draw inferences about that tenderer's pricing approach, compromising tender integrity.
Issuing informal design changes during the tender period without a formal addendum — informal changes that are not captured in a numbered addendum may not be reflected in all tender returns, making post-tender analysis difficult.
Allowing the query period to close too late — queries submitted in the final days before tender return leave insufficient time for design-team responses, forcing tenderers to price under uncertainty or include inflated contingencies.
Not maintaining a query register — the absence of a documented query trail is a serious audit deficiency, particularly for public sector projects where procurement compliance may be subject to regulatory scrutiny.

Section 5

APC Competency & Quick Reference

APC Competencies: Procurement & Tendering (L2) | Legal & Regulatory Compliance (L1) | Cost Management (L1) | Commercial Management (L1)

What is the parity obligation in tender query management?

Parity requires that all tenderers receive the same information at the same time. Every query response, design clarification and addendum must be issued to all tenderers simultaneously. Selective disclosure — answering one tenderer's query without issuing the same answer to all others — is a serious breach of tender integrity and, for public sector procurements, may constitute a breach of the equal treatment duty in s.12(2) of the Procurement Act 2023 (or of the Public Contracts Regulations 2015 for procurements commenced before 24 February 2025).

How should a query that reveals an error in the tender documents be handled?

A query that reveals a genuine error, omission or ambiguity in the tender documents cannot be resolved by a query response alone. A formal numbered Tender Addendum must be prepared, reviewed by the design team, issued to all tenderers simultaneously, and acknowledged by each tenderer. If the addendum requires re-pricing, a reasonable extension to the tender period must be granted.

When should mid-tender interviews be held and what topics are appropriate?

Mid-tender interviews should only be held if specified in the Instructions to Tenderers. Appropriate topics: programme logic and methodology; team profiles; subcontractor selection approach; response to specific design challenges. Inappropriate topics: tender price, discounting, or competitive positioning relative to other tenderers — discussing these would breach tender integrity and potentially competition law.

Section 6

Tender Queries & Responses Checklist

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Query management protocol stated in Instructions to Tenderers (portal only; deadline; anonymity)

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Query register established and maintained (reference, date, tenderer, section, summary)

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Each query categorised (clarification / design clarification / design change / sensitive)

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Design team turnaround targets set (clarification 3 days; design change 5 days)

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All responses anonymised before issue

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All responses issued simultaneously to all tenderers via portal

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Query register updated confirming issue date and method for each response

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Queries requiring addendum escalated and formal addendum process initiated

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Query period closed at stated deadline; final register summary issued to all tenderers

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Complete query register retained as part of tender audit file

Section 7

CPD Learning Outcomes

Apply the parity principle to tender query management: establish a query protocol that ensures all tenderers receive identical information simultaneously, and maintain a complete query register as part of the tender audit trail.
Categorise tender queries (clarification, design clarification, design change) and apply the correct response process for each, including escalating to a formal addendum where a genuine error or omission is revealed.
Identify the legal and regulatory consequences of breaching parity in a tender process, including the risk of procurement challenge under the Procurement Act 2023 for public sector clients.

Section 8