Summary: A701™–1997, Instructions to Bidders

Content.

Synopsis

Purpose

Related documents

Changes from the previous edition

Dispute Resolution—Mediation and Arbitration

Notes

 

Synopsis.

AIA Document A701–1997 is used when competitive bids are to be solicited for construction of the project. Coordinated with AIA Document A201®, General Conditions of the Contract for Construction, and its related documents, AIA Document A701–1997 provides instructions on procedures, including bonding requirements, for bidders to follow in preparing and submitting their bids. Specific instructions or special requirements, such as the amount and type of bonding, are to be attached to, or inserted into, A701.

 

Purpose.

AIA Document A701–1997 and AIA Document A201, General Conditions of the Contract for Construction, have complementary provisions and are intended to be used together in the project manual in competitively bid projects.

 

This document is complementary to, and has been prepared for use with, AIA Document A201. 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.

 

Changes from the previous edition.

The following changes in content have been made in A701–1997 on the recommendation of AIA members, contractors, legal and insurance counsel, and users of the document.

Article 1. The definition of a Bidder has been clarified by the addition of the requirement that the person or entity meet the requirements set forth in the Bidding Documents.

Article 2.Repetition of the statement that the Bidder has read and understands the Bidding Documents has been eliminated.

Article 3. The requirement that Addenda be “mailed or delivered” has been changed to “transmitted” to reflect alternative methods of delivery.

Article 4. Bids are now required to be submitted on the forms actually included with the Bidding Documents. The requirement that the bid form be filled in by typewriter or manually in ink has been changed to require only that the bid form shall be executed legibly in a non-erasable medium. It is mandatory that sums be expressed in both words and figures. A requirement that the Bidder provide evidence of legal authority to perform within the jurisdiction of the work has been added. Facsimile and other electronically transmitted bids are disallowed in the same manner as oral, telephonic and telegraphic bids. Withdrawal of a bid via telegram is no longer allowed.

Article 5. The intent of the Owner to award a Contract to the lowest qualified Bidder has been clarified.

Article 6. The date for furnishing of submittals may now be stipulated in the Bidding Documents.

 

Dispute Resolution—Mediation and Arbitration.

This document contains provisions for mediation and arbitration of claims and disputes. Mediation is a non-binding process, but is mandatory under the terms of this agreement. Arbitration may be mandatory under the terms of this agreement. Arbitration is binding in most states and under the Federal Arbitration Act. In a minority of states, arbitration provisions relating to future disputes are not enforceable but the parties may agree to arbitrate after the dispute arises. Even in those states, under certain circumstances (for example, in a transaction involving interstate commerce), arbitration provisions may be enforceable under the Federal Arbitration Act.

The AIA does not administer dispute resolution processes. To submit disputes to mediation or arbitration or to obtain copies of the applicable mediation or arbitration rules, contact the American Arbitration Association at (800) 778-7879 or visit the website at adr.org.

 

Notes.

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.

Reproductions. AIA contract documents are copyrighted works 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.

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