Changes from the previous edition
Dispute Resolution—Mediation and Arbitration
AIA Document A751-2019 should be used in situations where an Owner intends to solicit competitive Quotations from Vendors for furniture, furnishings, and equipment (FF&E) for a Project. Coordinated with AIA Document A151™-2019, Standard Form of Agreement between Owner and Vendor for Furniture, Furnishings, and Equipment (FF&E), A751 provides instructions for a Prospective Vendor to follow when preparing and submitting a Quotation. A751 allows the Owner to specify (1) the Quotation Documents upon which a Prospective Vendor will base its Quotation, (2) the manner in which a Prospective Vendor is required to submit a Quotation, and (3) the Proposed Contract Documents that will form the agreement between the Prospective Vendor and Owner. A751 also includes restrictions and procedures for a Prospective Vendor to withdrawal or modify its Quotation, if necessary. For use and execution of a document, see its instructions »
AIA Document A751–2019 is intended to be used for the competitive solicitation of furniture, furnishings, and equipment (FF&E) for a Project. A751 informs Prospective Vendors about how to obtain Quotation Documents; how to submit requests for clarification, interpretation, and substitutions; how addenda will be transmitted; and how to submit Quotations. A751 also addresses modifying or withdrawing Quotations and consideration of Quotations.
This document is complementary to, and has been prepared for use with, AIA Document A151-2019, Standard Form of Agreement between Owner and Vendor for Furniture, Furnishings, and Equipment (FF&E).
Changes from the previous edition.
A751 has been updated to address electronic distribution of Quotation Documents and electronic Quotation submissions. The following additional changes in content have been made in A751:
Invitation for Quotation
The Invitation for Quotation section has reorganized into one page and includes prompts for the Owner or Architect to identify the party issuing the solicitation, indicate a due date for submission of Quotations, and indicate how Quotations should be submitted.
Article 1 – Definitions
§ 1.1 Because “proposed Contract Documents” is a defined term, it has now been capitalized to “Proposed Contract Documents”.
§ 1.6 – 1.8 These sections have been added to allow a Base Quotation, Alternates, and Unit Prices.
§ 1.9 The term “Prospective Vendor” has been added as a defined term and it is used to indicate the party who is invited to submit a Quotation.
Article 2 – Prospective Vendor’s Representations
This Article was added and includes subsections to identify the representations the Prospective Vendor makes in submitting a Quotation.
§ 2.6 This section informs all project participants of the potential exposure to liquidated damages by referring to the form of Agreement between the Owner and Vendor to confirm any such provisions.
Article 3 – Quotation Documents (formerly Article 2)
This Article has been expanded to include updated procedures for the distribution of Quotation Documents as well as procedures for potential modifications, interpretations, and substitutions to the Quotation Documents.
Article 4 – Quotation Procedures (formerly Article 3, Procedures for Preparation of Quotation)
§ 4.1.7 A requirement that the Prospective Vendor 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 Prospective Vendor bear the costs of preparing its Quotation.
§ 4.3.1 This section clarifies procedures for the Prospective Vendor and the party designated to receive Quotations when modifying or withdrawing a Quotation prior to the date and time designated for receipt of Quotations.
§ 4.3.3 This new section allows a Prospective Vendor who discovers that it made a clerical error in its Quotation to withdraw that Quotation within two days, or a timeframe specified by the jurisdiction where the Project is located, after the Quotation opening. The Prospective Vendor must provide evidence of the clerical error to the reasonable satisfaction of the Architect, upon which time, the Quotation shall be withdrawn and not resubmitted.
Article 5 – Consideration of Quotations (formerly Article 4)
This Article has been updated and expanded to include procedures for opening of Quotations, rejection of Quotations, and Acceptance of a Quotation. Unless otherwise prohibited by law, the Owner continues to have the right to reject any or all Quotations.
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.