Thursday, February 12, 2015

Avoiding Conflicts in Bid Documents

Most public agencies have developed standard language for public works construction bid documents that includes Instructions to Bidders, the Contract, and General Conditions, often referred to as "front end documents." 

Conflicting requirements:  Architects and engineers hired by a public agency to design the public works construction project often include contractual terms and conditions as notes on the plans or in the technical specifications.  These terms and conditions are often in conflict with the standard bid and contract language provided by the public agency. 

Strategies:  In order to avoid such conflicts, here are a couple of strategies that agencies may use:
  • Review designer documents:  It is important for public agencies to carefully review the plans and specifications provided by architects and engineers to ensure they do not conflict with the agency's standard terms and conditions.
  • Educate designers on agency requirements:  Agencies should work with their architects and engineers to ensure they understand what is in the agency's terms and conditions.  Designers should be directed not to modify or include provisions that on the plans or in the technical specifications that conflict with the agency's standard requirements.

Presidential History:
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Mike Purdy's Public Contracting Blog
© 2015 by Michael E. Purdy Associates, LLC

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