Constructor Tender Rules
FOUNDATION CONSTRUCTOR TENDER RULES
(“Tender Rules”)
Parties. These Tender Rules bind any construction company or authorized representative (“Constructor,” “you”) that registers on a Foundation vertical platform (New York, Ukraine, or Israel) and any affiliate of Foundation that issues a tender on that platform (together, “Foundation”).
Incorporation. These Tender Rules are incorporated by reference into the Constructor Program Terms, the Constructor NDA, and every invitation to tender, bid form, and award notice issued on the Platform. By accepting these rules or submitting any bid, you agree to be bound.
1. Purpose and scope
1.1 Foundation issues tenders so that registered Constructors may submit structured bids for construction works under designs and project papers controlled by Foundation (or its vertical).
1.2 These rules govern invitation, submission, completeness, comparison, selection, and records. They do not by themselves create a construction contract, employment, partnership, or exclusivity.
1.3 A binding construction contract arises only if Foundation issues a written award and both parties execute the construction contract and any required security documents.
2. Eligibility to bid
2.1 Only Constructors with activated Platform access and Tier 1 status (license/registration valid for the project geography and scope, insurance valid, escrow account name matching legal entity name) may submit a bid on a live tender.
2.2 Foundation may restrict a tender to Constructors whose license grade, consequence class, Safety Registration endorsements, or declared capacity meet stated minimums.
2.3 Submitting a bid while Tier 1 is incomplete, expired, or suspended is void and may result in suspension from the Platform.
3. Tender package
3.1 Each tender will identify, at minimum: project reference; location; scope summary; Foundation’s independent cost frame (or stated that the frame is internal and used for validation); required bid format; submission deadline; required bond percentage or range; and any mandatory site visit or clarification procedure.
3.2 Foundation may amend or withdraw a tender before the deadline. Material amendments restart or extend the deadline at Foundation’s election.
3.3 Tender documents and pricing are Confidential Information under the Constructor NDA.
4. Bid format - structured breakdown required
4.1 Bids must be submitted only in the Platform’s structured format (bill of quantities / trade × stage × quantities).
4.2 Lump-sum-only bids are not accepted unless the tender expressly allows a hybrid and still requires the structured breakdown.
4.3 Each bid must include all of the following. A bid missing any item is incomplete and is rejected by the system without human override except for documented Platform error:
| Required element | Rule |
|---|---|
| Line-level prices by trade and stage | Aligned to Foundation’s BoQ template |
| Quantities | As specified or clearly stated assumptions if alternative method allowed |
| Project timeline | With milestones and dates |
| Requested payment schedule | Aligned to milestones |
| Bond / performance security offered | Percentage of contract value and instrument type |
| Named site engineer | Full name and license/registration number |
| Validity period | Bid irrevocable for the period stated in the tender (default: 90 days unless otherwise stated) |
4.4 Alternative technical proposals are allowed only if the tender says so, and must still map to the structured price table for comparison.
5. Independent cost frame and underbidding
5.1 Foundation prepares an independent cost frame before tender. The tender is validated against that frame; the frame is not defined by bidders.
5.2 A bid materially below the cost frame may be scored as high risk and may be rejected or require written justification and enhanced security. Underbidding is not a preferred strategy on this Platform.
5.3 A bid materially above the frame may lose on price score but remains eligible if otherwise complete.
6. Evaluation and selection
6.1 Complete bids are evaluated in three layers, in order:
1. Bid vs cost frame (credibility and underbid risk)
2. Bid vs bid (line-by-line structured comparison)
3. Bidder vs file (license grade/class sufficient for project size, bond capacity, insurance, declared workload vs capacity, track record)
6.2 Selection is scored, not informal. Typical factors: price, timeline credibility, track record, bond strength, capacity. Weights may be stated in the tender.
6.3 The score and rationale are stored on the Platform and may be shown in anonymized or summary form to investors and auditors as part of the justified raise.
6.4 Foundation may award one Constructor, split packages, re-tender, or decline all bids. No bid creates a legitimate expectation of award.
7. Clarifications, conduct, and conflicts
7.1 Clarification questions must be submitted only through the Platform channel stated in the tender, before the clarification cutoff. Answers that affect all bidders may be published to all.
7.2 Collusion, bid-rigging, sharing of bid prices among competitors, bribery, or unauthorized contact with Foundation staff to influence award is grounds for immediate rejection, Platform ban, and referral to authorities.
7.3 You must disclose any actual or potential conflict (including relationship to the broker who sourced the opportunity, to land sellers, or to Foundation personnel). Undisclosed conflicts are Material Misrepresentation under the Attempt / Integrity rules.
8. Bond and award conditions
8.1 Invitation to award is conditional on timely delivery of performance bond / bank guarantee in the percentage and form stated in the tender or award notice, from an acceptable issuer.
8.2 Failure to post security by the deadline is a decline of award; Foundation may proceed to the next-ranked bidder.
8.3 Award does not authorize draws. Draws are governed by the Milestone-Draw Terms and the construction contract.
9. Records, audit, and feedback
9.1 All bids, scores, and award decisions are retained for audit, investor disclosure of process (not necessarily of competitors’ raw prices), and improvement of Foundation’s cost database.
9.2 After project completion, actual cost and timeline versus tender may be recorded against your Constructor profile and may affect future scoring.
9.3 Foundation may publish aggregate, anonymized performance statistics.
10. No compensation for bidding
Unless a tender expressly states otherwise, Constructors bear all costs of preparing and submitting bids. Unsuccessful bidders are not entitled to payment, stipend, or damages for failure to award.
11. Suspension and enforcement
11.1 Breach of these Tender Rules is a material breach of the Constructor Program Terms and may result in rejection of bids, suspension or termination of Platform access, and enforcement under the NDA and applicable law.
11.2 False statements in a bid or in onboarding used to gain eligibility are Material Misrepresentations.
12. Governing law
These Tender Rules follow the governing law and dispute resolution provisions of the Constructor Program Terms for the vertical that issued the tender (New York law / ICC New York; Ukrainian law / ICC Kyiv; Israeli law / ICC Tel Aviv, as applicable), unless the construction contract states a different rule for disputes under that contract only.
13. Amendments
Foundation may update these Tender Rules with notice via the Platform or email. The rules in force at the bid submission timestamp apply to that bid. Continued use of the Platform or submission of a new bid after the effective date constitutes acceptance of the updated rules where permitted by law.
IN WITNESS WHEREOF, acceptance is effected by electronic acknowledgment on the Platform (apply checklist, legal wall, or bid-submit confirmation) and is binding on the Constructor and its authorized representative.