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2.4 Addenda

During the construction procurement process, suppliers, sub-trades and contractors will have inquiries with regard to specified products, details, or interpretations of the bid documents. Not unlike the “Request for Information” process used during construction, the bid inquiry process is important to establish bidders are properly interpreting the bid documents and material or product anomalies that may become known during the bid process can be resolved or common direction provided to all bidders. It is imperative that any response to bid period inquiries received in writing and information provided during site visits or bidders conferences is captured in an addendum that is distributed or made available to all registered bidders. CCDC-23 “a guide to calling bids and awarding construction contracts”, Section 6.0, 6.6 “Bidder Inquiries and Issuance of Addenda” states in part, “the addenda process ensures fairness of the bidding process in order that all bidders are basing their bids on identical information.”

In CHOP v3, Section 6.5, “Preparing the Bid Package” the addenda process is described with a sample addendum provided in Chapter 6.8 - “Sample Forms for the Management of the Project.”

The bid documents should stipulate a deadline for bidders to submit bid period inquiries and a date and time for when the last addendum will be issued, providing bidders sufficient time to analyze the addendum content and complete their bid. Final addenda should be issued no later than 5 working days prior to bid closing. Should an issue arise that requires the issuance of a subsequent addendum after the date stipulated, the bid closing date should be extended at least an equivalent number of days.

How amendments to the bid documents (drawings and specifications) are issued, and whether the changes will be issued in part as sketches or descriptions, or whether to re-issue entire drawing sheets or specification sections as new revisions should be considered and done consistently. The former practice was efficient when drawings were done by hand. The latter practice is more appropriate when using CAD or BIM, and would reduce the need for “Issued for Construction” documents because at the end of the bid period as any amendments to the bid documents will already have been incorporated into the drawings and specifications to become construction documents. This practice can continue throughout the construction phase reducing the need to update drawings and specifications at the completion of construction.

When issuing the addenda, it is important to have processes in place so that all registered bidders receive the addenda. This could be by bidders picking up a hard-copy of the addendum from the bid calling authority and the bid calling authority tracking the bidders that have obtained the addendum, or electronically by email and utilizing the “Request a Delivery Receipt” and “Request a Read Receipt” options such as is available in Microsoft Outlook or by making it a requirement in the bid documents that bidders acknowledge receipt of each addenda. Utilizing an online procurement platform can automate this process as well, notifying registered bidders of addenda that are issued and requiring the bidders to access the addenda online – keeping record of registered bidders and addenda that have been issued with notification to the bidders.

Regardless of the method used, it is good practice to include a line on the bid form used to submit bids that requires the stating the number of addenda received. A bid that may not identify the correct number addenda will require analysis and review with the owner and the owner’s legal counsel to determine how to proceed with the analysis of the bid. Whether such an irregularity renders a bid non-compliant is a legal issue which holders should not give an opinion on. Legal opinions should be left to the owner’s legal counsel.

The addenda become part of the construction contract documents, the topic of Contract Documents are covered in Management of the Project Section 4.0, “After Bid Closing”.
 
 
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