Construction File: What is Fair, Open and Transparent Bidding?
Ensuring that a bidding process is fair, open and transparent is perhaps the second most important element in the bidding process to contractors preceded only by whether they were the successful bidder on the project. Fair and open bidding is about promoting a transparent bidding process that eliminates favoritism or improper influence, while being diligent with the taxpayer’s money. Awarding contracts in a nontransparent manner, creates a cloud of uncertainty and suspicion that calls into question the propriety of contracts.
In response to what is clearly a new bidding environment in the current market place here are some elements that we believe are fundamental to fair, open and transparent bidding:
Public Bidding – Ensure that projects are not single sourced, with the use of established thresholds for bidding that fall within some accepted industry standards. Refer to the BCCA Policy for Thresholds for some guidance (http://bccassn.xpr.cloud/policies/thresholds.html).
Public Openings – Non public openings are the first step that trigger questions about the transparency of a bidding process. Contractors will question whether the bid recipient is allowing themselves the opportunity to award on some questionable conditions as a result of favoritism or improper influence.
Bid Acceptance – Clauses in the Instructions to Bidders should treat all contractors fairly. Where a clause allows the bid recipient the option to accept non-compliant bids this can be perceived to show preference to one contractor over another. For one contractor the non-compliance is accepted, yet for another it may not be accepted; this is favoritism and is not transparent bidding.
Subjective Bid Evaluation Criteria – When evaluating bidders on criteria other than price (e.g., expertise, management services or schedule) such criteria needs to be described and weighted adequately in advance in order to avoid post-award challenges: The extent to which the weighting criteria are disclosed in advance of the tender closing can affect the ability of the bidders to coordinate their bid. On Construction Management projects, where respondents are allowed to perform work on a cost plus basis, it must be clear if the accommodation is for temporary work only or if it is to also allow the CM to perform trade contractor work. Where CMs are performing trade contractor work on a cost plus basis the rates they charge for this work can affect what they will charge as a CM fee; costs for administering the construction can be included in the rates being charged for cost plus work. To ensure fairness in evaluation of the responses all respondents must have an equal opportunity to compete on cost plus work. Where subjective criteria are being used it would be recommended to employ the services of a knowledgeable third party fairness monitor.
Trade contractor bidding – As trade contractor work on a project often constitutes 80 to 90% of the work, they as well deserve to be treated in a fair, open and transparent manner. Closing trade contractor bids through the BCCA Electronic Bidding System adds transparency to this process.
It may be a cliché but it is the reality; not only do public sector bidding authorities need to be fair, open and transparent but they must appear to be fair, open and transparent. The right thing to do is always the right thing and in this highly competitive environment everyone will be best served with clear principled processes.
The AGM of the BC Construction Association will be held Friday, September 17th, 2021 at 12:00 pm. Due to the ongoing COVID-19 pandemic, this year's AGM will once again be held virtually.
The organizers are offering 100 grants totaling $37,500 to encourage construction employers to treat their crews to a free lunch from a local restaurant. Sponsors hope this will kick off a pass-it-on type challenge and spur lunchtime events on construction sites across BC during April.
The BCCA Employee Benefit Trust (EBT) is honoured to announce the appointment of Christy Kerr to the position of Chair of its Board of Trustees. Christy has been serving as a Board Trustee for the EBT since 2013.
The Builders Code is honouring six employers with Builders Code Champion Awards for leading the way in advancing the culture of BC's industrial, commercial, and institutional construction sector.
On Friday, September 18th, The BCCA held it's Annual General Meeting and shared it's latest Annual Report which covers the fiscal period between April 1, 2019, and March 31, 2020.
The AGM of the BC Construction Association will be held: Friday, September 18th, 2020 at 12:30 pm. Due to the ongoing COVID-19 pandemic, this year's AGM will be held virtually.
"If a worksite isn't safe, it shouldn't be operational. What we're here to say is when and where those worksites can be safe and can comply, we want to support those worksites continuing" Chris Atchison, BCCA President
The BC Construction Association (BCCA) has signed a new deal with eSolutionsGroup to supply the back-end technology powering BCCA’s construction procurement platform BidCentral.
It’s encouraging that the government and Wet’suwet’en leaders were able to agree on a promising new protocol for future projects, but this doesn’t resolve the disputes that are happening now and central to the blockades and disruption we’re seeing across Canada.
Nine months after unveiling the resources to help the industrial, commercial, and institutional construction sector set a standard code of conduct on worksites in B.C., the Builders Code has honoured six companies for their leadership at the inaugural Builders Code Champion Awards. Hosted by the BCCA and Minerva BC at the Ocean Pointe Resort in Victoria yesterday, the awards recognized companies with advanced policies and practices that seek to ensure all employees can reach their full potential in the skilled trades.
As part of its ongoing efforts to address bullying, hazing, and harassment on B.C. construction worksites, the BC Construction Association (BCCA) is marking National Construction Day with the beta launch of a new Builders Code Crew Training App that uses animation and humour to help construction workers recognize the difference between “Cool or Tool” behavior on the worksite.
The BC Construction Association welcomes Wednesday’s (Aug. 21) announcement by Trans Mountain Corporation President and CEO Ian Anderson that construction work on the project will resume in communities along the route, including an immediate return to work at B.C.’s Burnaby Terminal and Westridge Marine Terminal. According to Trans Mountain, this will see 4,200 contract workers working along the route in B.C. and Alberta in the fourth quarter of 2019.
New Builders Code training for site supervisors, forepersons and union business managers on how best to deal with the perpetrators and targets of worksite bullying and harassment was announced today in Prince George, along with a new local Employer Advisor for the northern region. The training, which supports the construction personnel that work most closely with tradespeople on construction sites, was announced by Northern Regional Construction Association (NRCA) CEO Scott Bone.
The BCCA is pleased the B.C. Supreme Court ruled we can proceed with our challenge to the legal authority of the Government to impose the “Building Trades Only Requirement” on public construction projects.
Construction is changing. With a skilled labour shortage and other pressures affecting our industry, it is more important than ever to innovate and become a future-forward construction company. New technologies that help us become more productive and efficient are critical to moving the construction industry forward, but can also feel overwhelming at times.
In the midst of a sector-wide drive for greater innovation and productivity in the face of a booming industry and a looming skills shortage, a recent State of Construction Technology survey conducted by the British Columbia Construction Association (BCCA) shows B.C.’s construction employers are underserved by a tech sector that is largely unaware of the huge potential market they represent.
The BCCA is a non-partisan association representing BC’s construction industry as a whole. We advocate for the competitive success of all employers, regardless of labour affiliation, and seek a fair and balanced approach from government in regard to decisions that greatly impact our industry.
The training will look to improve worksite culture and tackle harassment, hazing and bullying by providing training for construction company owners, executives and HR managers.
Industry Seeks to Improve Retention of Skilled Tradeswomen by Addressing Worksite Behaviour. Construction employers who want to address diversity or harassment issues on their worksites but lack the human resources personnel or expertise to do so will now have access to confidential advisors with experience in HR management, mediation and conflict resolution as part of the Builders Code recently launched by the BC Construction Association and project partners.
The Province of B.C. and the BC Construction Association (BCCA) marked International Women’s Day today with the launch of the Builders Code, a comprehensive program that aims to address B.C.’s skilled labour shortage by reducing harassment, bullying and hazing on construction worksites. The Builders Code defines an Acceptable Worksite and provides employers with tools, training and resources to improve and promote safe and productive worksite behavior.
The BC Construction Association (BCCA) has today issued two Contractor’s Alerts warning BC contractors of “Onerous Bidding Conditions” on two Prince George construction projects being procured by BC Housing. The projects are a building envelope remediation on Westwood Court and renovation work on the Hart Haven Group Home at Dagg Road, both in Prince George. Total value of both projects is $9.5M - $5M on Westwood Court and $4.5M on the Hart Haven project.
LNG Canada and the BC Construction Association (BCCA) today announced that Marissa McTavish, an electrical apprentice from Prince George, has become the 1,000th participant in LNG Canada’s Trades Training Fund (TTF) and her employer, Primus Electric, the 500th employer to sponsor an employee with the Fund.
Pre-arrival settlement services are a key element of Canada’s immigration program. They provide newcomers, including refugees, with the information and settlement support they need to make informed decisions about their new life in Canada before they arrive, such as how to prepare for finding a job. To help deliver these important services, Immigration, Refugees and Citizenship Canada (IRCC) will be providing funding of $3.4 million to the British Columbia Construction Association (BCCA).
It’s been another busy year for BC’s ICI construction sector. Emerging issues are plentiful -- but according to employers, the #1 issue is still the over-arching shortage of skilled workers.
This past Friday, the VI Seals squared off against the Northern Capitals (BC) in an early season Female Midget AAA (FMAAA) game at Shawnigan Lake Arena.
The British Columbia Construction Association (BCCA) announces the election of Angela McKerlich to the role of Board Chair for the 2018-2019 term, effective immediately.
WorkBC has released the 2018 edition of British Columbia's Labour Market Outlook. Here are the key trends for the construction industry over the next 10 years.
There are a record-breaking number of significant issues applying pressure to BC’s construction industry this year, and BCCA is working at the provincial level to make sure industry’s concerns and recommendations are heard loud and clear.
BCCA is extremely disappointed by the Federal Court of Appeal's Trans Mountain expansion project decision today which undermines Canada’s economy and role on the global stage. This blow to investor confidence comes at a time when BC is already under pressure from new tariffs, taxation, and policy directives.
The new BC Building and Plumbing Code will be effective December 10, 2018 and will apply to building permits applied for on or after that date. The BC Fire Code is anticipated to be adopted in the fall of 2018 and effective December 10, 2018. Buildings with permits in place under the previous 2012 BC Building Code will generally not be affected by the adoption of the new code.
The recent Community Benefits Agreement (CBA) announced by Premier Horgan’s government has created a major disruption in our industry.
Tradespeople and employers alike – both union and open shop – are working to understand the details of the 336 page document and what it means for them, following inadequate consultation with industry prior to the release of the policy.
Premier Horgan's Community Benefits Agreement (CBA) is the most dangerous and disruptive policy to be introduced by any government into our industry in recent memory.
Whether you are a union or an open-shop employer, your basic rights and freedoms as Canadians are being blatantly disregarded, as is government's obligation for fair, open and transparent procurement practises.
Community benefit agreements can be used successfully provided there is adequate industry engagement prior to their roll-out. This CBA did not include adequate industry engagement.
The new Pattullo Bridge Community Benefits Agreement patently illustrates what is unfair with our current government’s policy decision to mandate the nature and extent of procurement requirements in major public construction projects. For BCCA, an association that hinges its principles on fair, open and transparent procurement practices, this agreement is taking public policy in construction tendering a bridge too far.
It’s hard to think the construction sector is in trouble this summer, when everywhere across the province you see tall cranes, seas of hard hats, and traffic cones — all outward signs of a prosperous B.C. economy of which construction is a beneficiary.
BCCA is working with our counterparts at the local, provincial and national levels to inform government on the risks of Community Benefit Agreements, and to educate public owners on the use of fair, open, and transparent procurement processes which are an obligation and responsibility of government to taxpayers.
"Prompt payment” is a familiar issue in the construction industry. Of course there’s nothing prompt about it. It’s the LACK of prompt payment that makes it an issue, handicapping our industry, squeezing the small contractors, and pushing risk down into the supply chain onto those who can least afford to carry it.
The Understanding Risk British Columbia (UR+ BC) symposium, hosted April 16 & 17, 2018 in Victoria BC, marked the first time the construction industry played a leadership role in bringing together builders, designers, engineers, scientists, and policymakers to tackle the challenges of hazard mitigation and increased resilience in the industrial, commercial, and institutional built environment.
Official Statement - The BC Construction Association has long been a strong public supporter of BC’s oil and gas strategy and of the Kinder Morgan Trans Mountain pipeline in particular, recognizing the significance of the project for the economic prosperity of British Columbia and the rest of Canada provided that all environmental safety stipulations are met.