The proper use of the term “bidding documents”
When I write my books on ARE exams, I also read others’ books on the same subject besides my own research.
I noticed on page 49-6 of Ballast manual states:
“Although the bidding documents are bound in the project manual, they are not part of the contract documents.”
I believe the word “bidding documents” probably should be replaced with “bidding requirements” to avoid confusion. Why?
Per A701-2018, Instructions to Bidders, Section 1.1:
“Bidding documents include bidding requirements and the proposed contract documents.”
Per A701-2018, Instructions to Bidders, Section 1.3:
“Addenda are written or graphic instruments issued by the architect, which, by additions, deletions, clarifications, or corrections, modify or interpret the bidding documents.”
If we use Ballast statement above, then addenda will NOT be part of the contract documents, or bidding documents, and cannot be binding on the contract as part of on the owner and contract agreement. This is not right. So, I think Ballast wording of “bidding documents” is very confusing.
What do you guys think?
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Hi Mr. Chen! It is an honor to have you here part of the NCARB community discussion.
I agree that these terminologies are very confusing. Clarifying them as Bidding Requirements or Bidding Procedures would probably be clearer that these are "instructions" to bidders, not to be included in contract document, where as "bidding document" would be the paper work that is submitted to the owner/architect to review.
Does that sound right?
By the way, I most likely have failed CE today per the initial exam result. The questions are tricky. -
Christina,
Thank you for the kind words. The concept of bidding documents is actually very important and probably will be tested in ARE exams. It is not paperwork that is submitted to the owner/architect to review.
I am repeating it here, and added bold and italic fonts to help you understand:
Per A701-2018, Instructions to Bidders, Section 1.1:
“Bidding documents include bidding requirements and the proposed contract documents.”
Bidding requirements include paperwork sent to the bidders telling them the specific requirements of the bid, like advertisement or invitation to bid that includes requirements on bid security, performance bond, labor and material bond, etc.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Yes, the requirement of the Bid Bond is also stated in the Bidding Documents.
The Bid Bond is not the same as Bid Security, but can be one form of bid security. Bid Security can be a cashier’s check, certified check, or bid bond.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Gang Chen, I took the CE exam about 3 weeks ago. I did well in all the parts except on the portion of the exam on Pre-Construction. I think the questions that I might have failed was on picking the "lowest bidder," the "lowest responsible bidder" and bid bonds. Any rules of thumbs when it comes to these types of questions? (I don't know how specific I can get with the questions on this forum. )
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Read A201 and A701 a few more times and really understand them.
Owner does not have to select the lowest bid. it is typical for the owner to include in the invitation to bid documents that the owner has the right to select any bid, and the right to reject any and all bids. (See A701, Sections 5.2 and 5.3)
This is because sometimes the lowest bid may not be the most qualified bid, and the project can be delayed or cancelled, so the owner needs to have a legal way to get out of signing ANY contract if the project is cancelled OR the owner decides not to build the project after reviewing the bids.
Gang Chen, Author, Architect, LEED AP BD+C (GreenExamEducation.com)
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Thanks Gang Chen,
Yes, I will read the AIA docs back and forth quite a few more times before retaking the exam in about a month.
I understand that clients don't have to pick the lowest bid. At work we review all the bids with the Clients, interview the GCs, and make sure we are comparing apples to apples. Usually the ones with the higher bid provides much better quality in service and craftmanship, and we would caution the clients regarding the low bidders.
With the exam, the questions ask us to select the "lowest bidder" or the "lowest responsible bidder," so I would assume the GC that turned in their bid late or has something missing would be disqualified, even if their numbers are the lowest.
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