FAQ.11

Question:

I am being asked to recommend acceptance of the low bid contractor to a provincial Ministry. Is there particular wording that should be in this letter?

Answer:

When it is contractually part of the architect’s scope of work, an architect will be expected to assist in the analysis of the bids received. Such an analysis would identify whether a bid is complete or missing required information, the bid price, and whether a submission offers alternatives to what was requested. A major concern in such a situation is about who determines which bids are substantially compliant or not (Contract A/Contract B issues). The architect should not in any circumstances be making that determination. It requires a legal decision based on current case law. The client’s legal advisors should be making the determination regarding substantial compliance and which bids are to be rejected. Nothing in any letter should imply that the architect made such a determination, rather the letter should state who else did make the determination.

It would expected that among the substantially compliant bidders, a contract with a public body would be awarded to the low bidder based on the rules/regulations governing bidding by the public body. This being the case, any letter would not be a recommendation, but an observation of fact. There is no reason why the architect would be involved in that determination either.

Since a letter recommending acceptance of a bid is not something that an architect should be doing, there is not a template for it. Ultimately it is the responsibility of the client to decide who to award a contract to. There is a template (in the OAA Website Knowledge Base: filters – procurement/bid phase, template; keywords – letter of intent, letter of acceptance), advising the successful/unsuccessful bidder of the client’s decision, but not a recommendation to the client about who to award the contract to.

Because of the potential liability issues involved, it is recommended that architects consult with Pro-Demnity Insurance or their insurance advisor before proceeding.