Question 1

"Using IT-4" video - Contract Consideration Series

Accepted Answer

(9m) Parts 1 and 2 of Instructions to Tenderers apply to the tendering process. Part 1 changes with each project; however, the terms in Part 2 generally do not change - unless they are inappropriate for the project.

Brian Weeks discusses how tender authors can use IT4 To modify, delete or add conditions for tendering to meet the specific conditions of their projects.

Watch this and other Contract Consideration videos on MMCD Association's YouTube Channel.

Question 2

Is a broadly worded privilege clause appropriate in Additional Instructions to Tenderers?

Accepted Answer

QUESTION

I am contemplating the following Additional Instruction To Tenderers and am looking for constructive feedback on whether it is appropriate and if there is any legal precedent for such discretion.

Basis of Contract Award & Acceptance

The Owner reserves the right to award the Contract based on the above pre-requisites and to reject without further consideration, any tender which in its opinion, does not meet the criteria it considers essential for this project.

The tenderer, by submitting a tender, waives any claim or recovery for loss of profits or any prospective damages whatsoever if no Contract is entered into with the tenderer. In no event, shall the Owner be liable for the Tenderer’s cost of preparing and submitting a tender, which shall be done by the Tenderer at its sole risk.

COMMENT

This looks like a “broadly worded privilege clause”, a concept which the MMCDA has discussed and rejected, because we anticipate that this will deter bidders.

However, there is support for s a request for proposals, so that Owners can have flexibility to reject and likely negotiate. MMCD is investigating a RFP template.

Question 3

What is the most recent MMCD Document available?

Accepted Answer

The most recent edition of documentation is the MMCD 2019 Edition, released in 2020. Volume 1 contains the User Guide and Volume II contains the standard specifications and detail drawings.

The 2019 Edition marks the first ever server edition of the MMCD. Learn more here!