SECTION 4

Tendering Expectations

Named Trade Contractor Bidders

Tendering Authorities should ensure:

• General Contractors name only one Bidder for each trade section closing through the Bid Depository.



• The list of Named Trade Contractor Bidders be provided to the lead closing Bid Depository after Tender closing (see also Frequently Asked Questions).



• No substitution or replacement of the named Bidder without approval of the Tender Calling Authority and/or Owner, based upon valid reason or circumstances which were not reasonably evident or assessable prior to the close of General Contractor tenders.

Own Forces Bids

Where a General Contractor does Bid own forces ensure that the work of this trade is carried out by the General Contractors own employees.

Frequently Asked Questions

Frequently asked Pre-Bid Depository closing questions and our recommended responses:

Question from a Trade Contractor bidding on project:

Our specification section includes work that our trade section does not usually do but according to the Bid Depository Rules of Procedure I must include this work. Can you revise your specification so that we do not have to do this work?

Recommended Response:

Contact the Bid Depository Administrator and request a pre-bid interpretation.

Question from a Trade Contractor bidding on project:

Our specification section includes work that is also in another section of the specification. Who is to include it?

Recommended Response:

Contact the Bid Depository Administrator and request a pre-bid interpretation

Frequently asked post Bid Depository closing questions:

Question from a Tendering Authority:

Our project is over budget and we would like to know what the requirement is for cost savings when projects have closed through the Bid Depository.

Our Response:

There is no Bid Depository Rule that requires that any process be followed. Our recommendation is that the following BCCA policy be considered when dealing with these issues:

Where the scope of work is to be changed after bid closing and prior to contract award, the Owner should negotiate the changes with the lowest bidder and the lowest bidder should negotiate with its named subcontractors and suppliers. If an acceptable contract price cannot be reached, or if the suggested changes exceed 15% of the bid price and the Owner requests competitive prices, all bids should be rejected and the bidders so notified. The bid documents should be amended accordingly and new bids called.

Question from a Tendering Authority:

What are our obligations for the release of the list of named trades?

Our Response

Rule 1. A. (vi) of the Rules of Procedure for the BCCA Bid Depository states that the list of named trades is to be made available to the Bid Depository within 48 hours after the closing of General Contractor Tenders.

Where applicable, according to the Freedom of Information and Protection of Privacy Act, Section 21, (1), (c) this information can be held if it is considered to "(i) harm significantly the competitive position or interfere significantly with the negotiating position of the third party, (iii) result in undue financial loss or gain to any person or organization".

We believe that by not releasing this information the other third parties involved, the other general contractors and trade contractors, are harmed. Section 21, (3), of the Act states that the information is to be released if "(a) the third party consents to the disclosure". Considering the BCCA Bid Depository Rules of Procedure state that this information is to be made available and, since the general contractors and trade contractors have participated in the process, they have thereby consented to the release of this information.