QUESTION

I have a question about the Appendices in the Form of Tender (Part B) of the integrated contract document. The Instructions to tenderers, Part 2, don’t specify an evaluation process for these appendices, and I couldn’t find any related information in the user guide. How should owners define their evaluation process for these appendices, in the ITT, part 1?

COMMENT

The MMCD User Guide pg 09 of 33 deals with the Appendices

MMCD User Guide Section 2 Page 9 of 33 4.2.3 Appendices IT 5.3 .1 As part of the streamlining of the tendering and tender evaluation process, the required tender Appendices are restricted to those which truly have relevance to the evaluation process. Technically, Owners must reject as incomplete any tenders which do not contain completed Appendices, as this is a mandatory requirement.

Caution: In practice, many Owners have let this requirement slide with respect to Appendices 3, 4 and 5, without changing the wording of IT 5.3.

This is a dangerous practice as it not only eliminates the potential of comparing information among Tenderers but also leaves the Owner open to lawsuits from Tenderers who completed them, if the Owner awards to a Tenderer who did not.

.2. If Owners are not interested in reviewing individual Appendices, the relevant sub-clause(s) should be removed using IT-4.

On the other hand, Owners who have been lax about enforcing submission of all Appendices should be cautious about an abrupt reversion to a “hard line” as this could cause elimination of desirable tenders. When Owners are in this situation, it would be appropriate to caution Tenderers using IT-4 that, contrary to past practice, the Owner will strictly check for all mandatory Tender submission requirements such as Appendices and the like.

Suggestion : The instruction might read ”Tenderers are reminded that completion of all required information on the Form Of Tender, including the Appendices is mandatory. Tenders lacking all required information will be rejected as incomplete”

Instructions to Tenderers - Part II

5.3 A Tender must include the following Appendices: 5.3.1 Appendix 1 - the Schedule of Quantities and Prices 5.3.2 Appendix 2 - a “Preliminary Construction Schedule” generally in the form attached Appendix 2 to the Form Of Tender and showing Substantial Performance by the date or within the duration, shown in paragraph 2.2 of the Form Of Tender 5.3.3 Appendix 3 - name and brief description of the previous experience of the Superintendent the tenderer will use for the Work 5.3.4 Appendix 4 - a list of previous comparable work, including a brief description of that work, approximate contract value, and references (with phone numbers); and 5.3.5 -Appendix 5 - a complete listing of all subcontractors, if any. That the Tenderer will use for the Work including full names Suggest a review of the Contract Considerations Video IT - 4 on the MMCD.net website

You might want to consider Inserting in IT-4 something like the following “The Owner will strictly check for all mandatory Tender Submission Requirements in the Appendices, as described in IT Part II 5.3"