The instructions to bidders prohibit exceptions, but the estimator wants to attach a qualification excluding after-hours work shown in the documents. What should the GC do?
Correct Answer
C) Use the allowed prebid process instead of a prohibited exception
The bidding documents control whether qualifications or exceptions are allowed in the bid.
Why This Is the Correct Answer
The bidding documents control whether qualifications or exceptions are allowed in the bid.
Why the Other Options Are Wrong
Option A: Attach the exception anyway because bid qualifications always override instructions to bidders
Attach the exception anyway because bid qualifications always override instructions to bidders misses the specific employer duty in contractor's bid qualifications; it does not resolve the pay, reimbursement, status, timing, or record issue.
Option B: Omit the work silently and rely on the subcontractor to negotiate it after award
Omit the work silently and rely on the subcontractor to negotiate it after award misses the specific employer duty in contractor's bid qualifications; it does not resolve the pay, reimbursement, status, timing, or record issue.
Option D: Send the qualification only to the low subcontractor and not to the owner
Send the qualification only to the low subcontractor and not to the owner misses the specific employer duty in contractor's bid qualifications; it does not resolve the pay, reimbursement, status, timing, or record issue.
Memory Technique
Contractor'S Bid file for Prepares Formal: who controlled it, who paid it, where is proof?
Reference Hint
Open-book path: tab AIA A701-2018 to Instructions to Bidders; bid form and bidder representations; confirm the required quantity, authority, timing, or record before selecting the answer.
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