4specs.com    4specs.com Home Page

Addenda for re-bid?? Log Out | Topics | Search
Moderators | Register | Edit Profile

4specs Discussion Forum » Archive - Specifications Discussions » Addenda for re-bid?? « Previous Next »

Author Message
Mitch Miller,AIA ,CSI,CCS
Senior Member
Username: m2architek

Post Number: 27
Registered: 02-2004
Posted on Wednesday, March 09, 2005 - 02:39 pm:   Edit PostDelete PostPrint Post

Anyone ever use an addenda for re-bid, when all bids are being rejected? What, if any, are the legal ramifications of this procedure? HELP
William C. Pegues, FCSI, CCS
Senior Member
Username: wpegues

Post Number: 359
Registered: 10-2002
Posted on Wednesday, March 09, 2005 - 02:59 pm:   Edit PostDelete PostPrint Post

Mitch,

I know of no legal problems with issuing an addenda on a set of documents that gave new bid dates, and whatever else needed updating. The bids came in, the owner is (under most general conditions) not required to take any of the bids. After that, he can do what he wants.

Personally, I think it would be a bit fruitless to send it out again without some kind of changes to make it more acceptable.

And, personally what we do here is that we strongly advise the owner not to use an addenda to put it out. We encourage them strongly to reissue the documents (drawings and specs) with a new date as though it were a new project. All bubbles and triangles on drawings would be erased and all previous changes incorporated - the same with the project manual, a clean new book.

We have done numerous projects this way over the years - in fact, we just reissued 2 of them this way for the same owner. On one he halted the bid process due to loss of a major tenant and that one 2 years later just went out. The other had an extended delay in permit process (he gets his own permits). In the meantime, he had narrowed down his bidders, and after about 5 months delay he had us make some updates, redate and incorporate all older addenda and reissue it as a negotated contract package to a single contractor who has just given him a price.

William
David R. Combs, CSI, CCS, CCCA
Senior Member
Username: davidcombs

Post Number: 31
Registered: 08-2004
Posted on Wednesday, March 09, 2005 - 03:31 pm:   Edit PostDelete PostPrint Post

I agree with William - incorporate changes, re-date, and re-issue the Documents. Don't issue an Addendum.

Some questions for thought:

An Addendum assumes all Bidders still have all their documents, and that the Bidding period is still underway. But is it? Bidding perior usually ends when bids are received.

Did the Bidders keep all their sets, or did they throw them away (or return them) when they found out the Owner was rejecting all the bids? If they no longer have them, then the Addendum becomes useless.

How extensive are the modifications? If the changes are numerous, it could cause great confusion to the bidders by forcing them to compare the old set with the new.

The best way to ensure Bidders are only bidding the new information is to invalidate the old. All previous sets should be pulled from the street so bidders only have access to the most current information.

Completely new bidding process = starting with a clean slate. Re-issue the Docs.
John Bunzick, CCS, CCCA
Senior Member
Username: bunzick

Post Number: 331
Registered: 03-2002
Posted on Thursday, March 10, 2005 - 08:54 am:   Edit PostDelete PostPrint Post

If it is public work, check state laws. It may not be acceptable to rebid a project with no changes, as this can be a way to manipulate the bidding process and not take the "unfavored" low bidder. In Massachusetts, project scope must generally be revised (up or down) in order to rebid, though there are situations where it is permissible to simply rebid.

Topics | Last Day | Last Week | Tree View | Search | Help/Instructions | Program Credits Administration