Common use of Review and Award Clause in Contracts

Review and Award. The following provisions shall apply to the Work to be awarded: 3.10.3.1 With the Design Professional’s assistance, the Construction Manager shall receive and open the bids, unless the Owner elects to perform this task. The Owner shall be invited to attend all bid openings conducted by the Construction Manager. After bid opening, the Construction Manager shall prepare a trade-by-trade bid analysis, and make recommendations for acceptance or rejection of bids. This shall include a detailed review of each bid to determine whether it is responsive, complete, reasonable, consistent and acceptable. 3.10.3.2 With the Design Professional’s assistance, the Construction Manager shall conduct a scope review meeting with the apparent lowest qualified bidder in each category (or the apparent two or more lowest qualified bidders if deemed appropriate by the Construction Manager or the Owner) to determine and verify that each bidder has satisfied the bidding requirements, and that each bidder understands the required scope and Contract Documents. The Owner shall be invited to attend all such scope review meetings conducted by the Construction Manager. 3.10.3.3 The Construction Manager shall update the CCCS with bid results. If the bids cause, or threaten to cause, the total cost to construct to exceed the Fixed Limit of Construction Cost or Guaranteed Maximum Price, whichever is then in effect, the Owner may seek remedy under the terms of Sections 3.8.6 and 3.8.7. 3.10.3.4 It is the Owner’s intention to have each bid package awarded to the lowest responsive bidder. The Construction Manager shall submit to the Owner an award recommendation for each bid package that shall include detailed reasoning for its recommendations. The Owner shall have the right to approve all awards. If the Owner rejects a prequalified and apparently successful bidder who has been submitted for award by the Construction Manager, the Fixed Limit of Construction Cost or the Guaranteed Maximum Price, whichever is then in effect, will if necessary be adjusted to the extent of any change in the Construction Cost caused by the selection of another bidder, but the Construction Manager’s Fee shall not be increased. 3.10.3.5 The Construction Manager shall in its name issue letters of intent, award Trade Contracts and Supply Contracts, and issue notices to proceed.

Review and Award. The following provisions shall shallwill apply to the Work to be awarded: 3.10.3.1 With the Design Professional’s assistance, the Construction Manager shall shallwill receive and open the bids, unless the Owner elects to perform this task. The Owner shall shallwill be invited to attend all bid openings conducted by the Construction Manager. After bid opening, the Construction Manager shall xxxxxxxxx prepare a trade-by-trade bid analysis, and make recommendations for acceptance or rejection of bids. This shall shallwill include a detailed review of each bid to determine whether it is responsive, complete, reasonable, consistent and acceptable. 3.10.3.2 With the Design Professional’s assistance, the Construction Manager shall shallwill conduct a scope review meeting with the apparent lowest qualified bidder in each category (or the apparent two or more lowest qualified bidders if deemed appropriate by the Construction Manager or the Owner) to determine and verify that each bidder has satisfied the bidding requirements, and that each bidder understands the required scope and Contract Documents. The Owner shall shallwill be invited to attend all such scope review meetings conducted by the Construction Manager. 3.10.3.3 The Construction Manager shall shallwill update the CCCS with bid results. If the bids cause, or threaten to cause, the total cost to construct to exceed the Fixed Limit of Construction Cost or Guaranteed Maximum Price, whichever is then in effect, the Owner may seek remedy under the terms of Sections 3.8.6 and 3.8.7. 3.10.3.4 It is the Owner’s intention to have each bid package awarded to the lowest responsive bidder. The Construction Manager shall shallwill submit to the Owner an award recommendation for each bid package that shall shallwill include detailed reasoning for its recommendations. The Owner shall shallwill have the right to approve all awards. If the Owner rejects a prequalified and apparently successful bidder who has been submitted for award by the Construction Manager, the Fixed Limit of Construction Cost or the Guaranteed Maximum Price, whichever is then in effect, will if necessary be adjusted to the extent of any change in the Construction Cost caused by the selection of another bidder, but the Construction Manager’s Fee shall shallwill not be increased. 3.10.3.5 The Construction Manager shall shallwill in its name issue letters of intent, award Trade Contracts and Supply Contracts, and issue notices to proceed.