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.
How should Owners define their evaluation process for the Appendices in the Form of Tender (Part B) in the Instructions to Tenderers Part 1?
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"
Although specifically required by the Owner, the tenderer does not include any Subcontractor as the Contractor will be self performing the tasks. Is the tender deemed non-compliant?
It is OK for the Appendix to indicate that the Contractor would do all work components without subcontractors but then the Owner has the ability to enforce that through GC4.11.2. If the Owner has asked for the names of subs for certain parts of the work, then the bidder must provide those or specifically indicate the general contractor will do those portions.
If the Contractor cannot provide the name of a specific subcontractor but lists the work item as being subcontracted out and providing a “to be determined” would this make the tender non-compliant?
One of the unstated purposes of requiring subs to be listed was to protect subcontractor bidders protection against bid shopping by the general after award.