ShyTorque
One has to ask what the Invitation to Tender said. Such a glaring omission (for example, I mentioned IDD's which are a mandated no-brainer, but habitually ignored) almost certainly prompted a clarification question. If MoD didn't answer properly, the bidder would be entitled to omit it from their bid. They MAY have asked the programme manager if they should include it as an option, but the sensible advice would have been, be wary, Commercial may see you as a smart arse and black ball you. This is common place. There is a moral obligation to seek clarification, but at the first hint of MoD reacting badly, you walk away and let them sink. I can offer a simple, real example. In 2007 the Nimrod IPT issued an ITT for an R&D contract. A bidder wrote to them and pointed out the spec they were asking for was obsolete, and another IPT had a better spec in-service, and MoD owned the IPR. Why not just amend the current support contract to buy a few more for Nimrod? Instead of being grateful, and recognising the bidder was giving work away, the Nimrod Commercial Manager formally complained to the company MD and binned their bid. In such circumstances, companies soon learn. If MoD won't listen, you simply answer the exam question. Not all MoD teams are the same, but this bid has a history. Trying to be fair to both sides!