AIA A701 Instructions to Bidders 2018 – The Exam Pros
AIA Document A701 Instructions to Bidders 2018

AIA A701 Instructions to Bidders 2018

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The AIA Document A701 Instructions to Bidders 2018 is used for the following Florida Contractors Exams:

  • Business and Finance
  • General Contractor
  • Building Contractor
  • Residential Contractor

GENERAL INFORMATION

Purpose. AIA Document A701™–2018 is intended to be used for competitively bid projects. The Instructions to Bidders inform Bidders how to obtain documents to bid a Project; how to submit requests for clarification, interpretation, and substitutions; how addenda will be transmitted; and how to submit Bids. Other topics addressed include bid security, modifying or withdrawing Bids, and performance and payment bonds.

Related Documents. This document is complementary to, and has been prepared for use with, AIA Document A201-2017. It may also be used with AIA Document A232™–2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. Specific information for a particular Project must be provided in the Advertisement or Invitation to Bid, in the Supplementary Provisions provided for the Project, or in a supplement to this document.

Information from AIA Document G612™-2017, Owner’s Instructions to the Architect, Part B: Bidding Procedures should be used to complete A701.

Why Use AIA Contract Documents. AIA Contract Documents are the product of a consensus-building process aimed at balancing the interests of all parties on the construction project. The documents reflect actual industry practices, not theory. They are state-of-the-art legal documents, regularly revised to keep up with changes in law and the industry—yet they are written, as far as possible, in everyday language. Finally, AIA Contract Documents are flexible: they are intended to be modified to fit individual projects, but in such a way that modifications are easily distinguished from the original, printed language.

Use of Non-AIA Forms. If a combination of AIA documents and non-AIA documents is to be used, particular care must be taken to achieve consistency of language and intent among documents.

Use of Current Documents. Prior to using any AIA Contract Document, users should consult www.aia.org or a local AIA component to verify the most recent edition.

Reproductions. This document is a copyrighted work and may not be reproduced or excerpted from without the express written permission of the AIA. There is no implied permission to reproduce this document, nor does membership in The American Institute of Architects confer any further rights to reproduce this document.

This document is intended for use as a consumable—that is, the original document purchased is to be consumed in the course of its use. This document may not be reproduced for project manuals. If a user wishes to include a sample or samples of this document in a project manual, the normal practice is to purchase a quantity of the preprinted forms, binding one in each of the manuals.

Unlike many other AIA Contract Documents, A701–2018 does not include the AIA’s express written permission to reproduce copies of the document. The AIA will not permit reproduction of this document or its language, except upon written request and receipt of written permission from the AIA.

Rights to reproduce the document may vary for users of documents purchased electronically. Users of documents purchased electronically should consult the End User License Agreement (EULA).

To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects’ legal counsel, copyright@aia.org.

CHANGES FROM THE PREVIOUS EDITION

A701 has been updated to address electronic bids. The following changes in content have been made in A701.

Article 1. Definitions

§ 1.1 Because “proposed Contract Documents” is a defined term, it has now been capitalized to “Proposed Contract Documents”.

§ 1.3 The definition of Addenda has been clarified to recognize that these written or graphic instruments, which are part of the Proposed Contract Documents, are issued prior to the date for receipt of Bids and not prior to execution of the Contract.

§ 1.6 This section has been modified to account for Alternates that do not change the Base Bid.

Article 2 Bidder’s Representations

This Article was simplified by introducing subsections to clearly identify each representation.

§ 2.6 This new section informs all project participants of the potential exposure to liquidated damages by referring to the form of Agreement between the Owner and Contractor to confirm any such provisions.

Article 3 Bidding Documents

This Article was simplified by introducing subsections to clearly identify each representation.

§ 3.3.2.1-3.3.2.3 These subsections detail the process by which Bidders shall submit substitution requests.

Article 4 Bidding Procedures

This Article was simplified by introducing subsections to clearly identify each representation.

§ 4.1.7 A requirement that the Bidder provide evidence of its legal authority to perform within the jurisdiction of the Work has been modified to provide evidence of its legal authority to perform the Work in the jurisdiction where the Project is located.

§ 4.1.8 This new section requires that the Bidder bear the costs of preparing its Bid.

§ 4.4.1 This section clarifies procedures for the Bidder and the party designated to receive Bids when modifying or withdrawing a Bid prior to the date and time designated for receipt of Bids.

§ 4.4.3 This new section allows a Bidder who discovers that it made a clerical error in its Bid to withdraw that Bid within two days, or a timeframe specified by the jurisdiction where the Project is located, after Bid opening. The Bidder must provide evidence of the clerical error to the reasonable satisfaction of the Architect, upon which time, the Bid shall be withdrawn and not resubmitted.

Article 6 Post-Bid Information

§ 6.2 This section has been revised to provide a timeframe of 14 days before expiration of the time for withdrawal of Bids for the Bidder to whom award of a Contract is under consideration, to request, in writing, that the Owner furnish it with reasonable evidence of the Owner’s financial arrangements for the Project. The Owner is then allotted seven days to provide such evidence to the Bidder, which leaves seven days until the expiration of the time for withdrawal of Bids. The Bidder is not required to execute the Agreement between the Owner and Contractor if reasonable evidence is not furnished within the allotted time.

Article 7 Performance Bond and Payment Bond

§ 7.1.3 The entity issuing surety bonds must be lawfully licensed in the jurisdiction where the Project is located to ensure that entity is subject to regulation.

USING A701–2018

Modifications. Particularly with respect to professional or contractor licensing laws, building codes, taxes, monetary and interest charges, arbitration, indemnification, format and font size, AIA Contract Documents may require modification to comply with state or local laws. Users are encouraged to consult an attorney before completing or modifying a document.

In a purchased paper AIA Contract Document, necessary modifications may be accomplished by writing or typing the appropriate terms in the blank spaces provided on the document, or by attaching Supplementary Conditions, special conditions or referenced amendments.

Modifications directly to purchased paper AIA Contract Documents may also be achieved by striking out language. However, care must be taken in making these kinds of deletions.

Under NO circumstances should standard language be struck out to render it illegible. For example, users should not apply blocking tape, correction fluid or Xs that would completely obscure text. Such practices may raise suspicion of fraudulent concealment or suggest that the completed and signed document has been tampered with. Both parties should initial handwritten changes.

Using AIA software, modifications to insert information and revise the standard AIA text may be made as the software permits.

By reviewing properly made modifications to a standard AIA Contract Document, parties familiar with that document can quickly understand the essence of the proposed relationship. Commercial exchanges are greatly simplified and expedited, good faith dealing is encouraged, and otherwise latent clauses are exposed for scrutiny.

AIA Contract Documents may not be retyped or electronically scanned. Retyping can introduce typographic errors and cloud legal interpretation given to a standard clause. Furthermore, retyping and electronic scanning are not permitted under the user’s limited license for use of the document, constitute the creation of a derivative work and violate the AIA’s copyright.

Cover Page

Project. The Project should be described in sufficient detail to identify (1) the official name or title of the facility; (2) the location of the site; and (3) a description of the Project, including the proposed building usage, size, and capacity or scope.

Owner. The Owner should be identified using its full address and legal name, as well as a designation of its legal status (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, close or professional], etc.). Other information may be added, such as telephone numbers and electronic addresses.

Architect. The Architect should be identified using its full address and legal name, as well as a designation of its legal status (sole proprietorship, partnership, joint venture, unincorporated association, limited partnership or corporation [general, limited liability, close or professional], etc.). Other information may be added, such as telephone numbers and electronic addresses.

Article 3 Bidding Documents

§ 3.1.1 Revised language acknowledges that Bidding Documents may be issued in electronic form or paper copy. Specify the form in which the Bidding Documents are available.

§ 3.2.2 Specify the form in which Bidders are to submit requests for clarification and interpretation.

§ 3.4.1 Specify the form in which Addenda will be transmitted to Bidders.

Article 4 Bidding Procedures

§ 4.2.1 Provide the type of bid security, such as a surety bond, unconditional bank guarantee, irrevocable letter of credit, or certified check, and the amount of security.

§ 4.2.3 A company issuing surety bonds must be lawfully authorized in the jurisdiction where the Project is located.

§ 4.2.4 Insert the number of days after the opening of Bids whereby a Bidder may withdraw its Bid and request return of its bid security.

§ 4.3.1 Specify the form in which a Bidder shall submit its Bid.

§ 4.3.3 This provision has been changed from recognizing only paper submission of Bids to general submission to account for electronic and paper Bids. Rather than returning unopened Bids received after the designated time and date for receipt of Bids, they will not be accepted at all, whether by electronic or paper form. This applies to Bids submitted at an incorrect place.

§ 4.4.3 State what happens to the bid security when a Bid is withdrawn pursuant to the Architect’s reasonable satisfaction that the Bidder made a clerical error in its Bid. For example, bid security may be returned when the affected Bidder was not the lowest responsive and responsible Bidder.

Article 7 Performance Bond and Payment Bond

§ 7.1.4 Indicate the dollar amount or percentage of the Contract Sum of each bond if it is an amount other than 100% of the Contract Sum.

Article 8 Enumeration of the Proposed Contract Documents

A detailed enumeration of all Proposed Contract Documents must be made in this article. Where optional documents that will be incorporated as Proposed Contract Documents are listed, check the appropriate box and insert an appropriate description of the document. List additional documents in Section 8.1.9 that will form part of the Proposed Contract Documents.