$4M bid missed the deadline: judge

P.S. Sidhu Trucking Ltd. missed the deadline when it resubmitted a bid after 4:00, but before the clock struck 4:01, concluded Justice Ron Veale in territorial court Friday afternoon.

Tenders for government contracts will not be accepted on Yukon Time, a territorial judge has found.

P.S. Sidhu Trucking Ltd. missed the deadline when it resubmitted a bid after 4:00, but before the clock struck 4:01, concluded Justice Ron Veale in territorial court Friday afternoon.

At $4.24 million, Sidhu Trucking would be the lowest bid on the contract, if it had been deemed compliant.

The next lowest bidder was CMF Construction Ltd, at $4.86 million.

The Yukon government is considering the impact of the judge’s decision, and will award the contract in the next few days, a spokesperson with Highways and Public Works confirmed Monday.

Judge Veale concluded that written instructions to bidders were clear. Tenders had to be submitted before the deadline and not after. The deadline was 4 p.m.

He dismissed arguments that instructions in newspaper ads and on the government’s tender management system website said that bids could be submitted up to and including at 4 p.m.

Those sources are not contract documents and, in the case of the government website, included a specific disclaimer urging bidders not to rely on that information, concluded Veale.

The judge also dismissed the argument that Ruben Bicudo, who submitted the tender on behalf of Sidhu Trucking, relied on information from Yukon government staff who told him that bids would be accepted until the clock struck 4:01.

According to documents before the court, Bicudo entered the contract services office at approximately 3:55 p.m. on Aug 15, the day of the deadline.

He was trying to add up the unit prices in the bid to come up with the final total, but his calculator broke.

Staff at the office told him that they could add up the total so long as the rest of the information was complete. Bicudo sealed the bid and a staff member time-stamped it at 3:59.

He then asked for the sealed bid back.

A second staff member checked the time by stamping a scrap of paper.

Finding it to be 4:00, she handed the bid back to Bicudo and told him it would be accepted until the clock struck 4:01.

Bicudo ripped open the package and made a small mark on the document.

It was then resealed, and then time-stamped a second time, this time with “4:00.”

Perhaps government staff should not have returned the document to Bicudo after the deadline, but he violated the rules simply by asking for it, said Veale.

According to the instructions to bidders, tenders can only be returned by written request submitted before the deadline.

Contact Jacqueline Ronson at jronson@yukon-news.com

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Members of the RCMP’s traffic services team examine police markers on Range Road after a six-year-old boy was struck by a vehicle near the Takhini Arena in Whitehorse on Oct. 25. (Crystal Schick/Yukon News)
Six-year-old hit by vehicle near Takhini Arena

Police were called to the scene around 12:15 p.m. on Oct. 25

Dr. Brendan Hanley, Yukon’s chief medical officer of health, speaks to media at a press conference about COVID-19 in Whitehorse on March 30. Two new cases of COVID-19 were identified in Watson Lake over the weekend. The cases are connected to three others in the community previously announced by officials on Oct. 23. (Crystal Schick/Yukon News file)
Two additional COVID-19 cases in Watson Lake bring total up to five

Individuals with symptoms and connections to the three other cases were tested over the weekend

Dr. Brendan Hanley, Yukon’s chief medical officer of health, speaks to media at a press conference about COVID-19 in Whitehorse on March 30. The Yukon government announced three new cases of COVID-19 in Watson Lake on Oct. 23. (Crystal Schick/Yukon News file)
Three new COVID-19 cases identified in Watson Lake

The Yukon government has identified three locations in town where public exposure may have occurred

Teagan Wiebe, left, and Amie Wiebe pose for a photo with props during The Guild’s haunted house dress rehearsal on Oct. 23. The Heart of Riverdale Community Centre will be hosting its second annual Halloween haunted house on Oct. 30 and 31, with this year’s theme being a plague. (Crystal Schick/Yukon News file)
Plague-themed haunted house to take over Heart of Riverdale for Halloween

A plague will be descending upon the Heart of Riverdale Community Centre… Continue reading

The Yukon government is asking for all claims in a lawsuit over the Takhini elk herd be struck by the court. (Mike Thomas/Yukon News file)
Yukon government asks for Takhini elk lawsuit to be struck

The Yukon government is asking for all claims in a lawsuit over… Continue reading

The Yukon government has filed a reply to an outfitter’s petition challenging the reduction of its caribou quota to zero. (Yukon News file)
YG replies to outfitter’s legal challenge over caribou quota

The Yukon government has filed a reply to an outfitter’s petition challenging… Continue reading

The Yukon government is encouraging people to get the flu vaccine this year, saying that with COVID-19, it’s “more important than ever.” (Black Press file)
Get flu vaccine, Yukon government urges

The Yukon government is encouraging people to get the flu vaccine this… Continue reading

Benjamin Munn, 12, watches the HPV vaccine in 2013. Beginning Jan. 1, 2021, the Human Papillomavirus (HPV) vaccine will be available to all Yukoners up to, and including, age 26. Currently the program is only available to girls ages nine to 18 and boys ages nine to 14. (Dan Bates/Black Press file)
HPV vaccine will be available to Yukoners up to, including, age 26

Beginning Jan. 1, 2021, the Human Papillomavirus (HPV) vaccine will be available… Continue reading

Whitehorse City Hall. (Joel Krahn/Yukon News file)
City hall, briefly

A look at decisions made by Whitehorse city council this week

asdf
COMMENTARY: Me and systemic racism

The view from a place of privilege

asdf
Today’s mailbox: Electricity and air travel

Letters to the editor published Oct. 23, 2020

Yukonomist Keith Halliday
Yukonomist: Irony versus Climate

Lately it seems like Irony has taken over as Editor-in-Chief at media… Continue reading