If the Contractor does not specifically list any Subtrades, is the tender non-compliant?
It was expected that if Appendix 5 to the tender was not included then the tender would be non-compliant and the Owner would not be able to accept it. Form of Tender 4.1 confirms the bidder has included all appendices, so if they are not included the tender is incomplete.
What options are available to an Owner for negotiating unit prices?
Unless the Owner wishes to modify the standard Instructions to Tenderers, there is no ability to negotiate prices or quantities prior to award. Tender law typically does not permit this - that is the realm of Requests for Proposals. However, Owners have the ability to structure their call by modifying the Instructions to Tenderers in any way they wish.
"The Role of the Contract Administrator" video - Contract Consideration Series
Brian Weeks outlines the CA's roles and responsibilities, including the "Three Hats" they wear during a project and the conflicts inherent with wearing those hats. Watch the videos: "The Limitations of the CA's Authority" and "The Role of the Inspector" for an even deeper understanding of this topic.
"The Limitations of the CA's Authority" video - Contract Consideration Series
In this companion video to "The Role of the Contract Administrator" and "The Role of the Inspector", Brian Weeks discusses the limitations of the Contract Administrator's authority.
"The Role of the Inspector" video - Contract Consideration Series
Brian Weeks explains more about the role of the Inspector in the contract process.
"The Contemplated Change Order" video - Contract Consideration Series
Review the process to generate a Change Order under the MMCD, with a reminder about the implications of Changes vs. Extra Work
"Responding to a RFQ" video - Contract Consideration Series
This video reviews the requirements for a Quotation and the implications of a qualifier that a Contractor may add.
"Issuing a Change Order" video - Contract Consideration Series
This video reviews when a Change Order is needed and how to finalize the information needed on the form.
"Change vs. Extra Work" video - Contract Consideration Series
Brian Weeks explains the differences between a Change and Extra Work.
"Math Errors at Tender" video - Contract Consideration Series
Brian Weeks explains the options available to Owners when they receive a tender that contains mathematical errors.