Codes of Practice
Members of the Construction Association of Prince Edward Island agree that, for construction work which is to be carried out on a competitive basis, the following provisions shall be followed in order to maintain the integrity of all competitive tenders:
- A contractor shall use tenders only from qualified sub-contractors.
- A bidder shall neither seek nor accept information concerning the competitor's bid prior to the opening of tenders.
- A bidder shall never make known the tender of any sub-contractor to any other sub-contractor before the closing of tenders, and shall never use the tender of a sub-contractor in order to secure a lower proposal from another sub-contractor.
- Sub-contractors shall be advised immediately after the award of a general contract as to whether their tender was or was not used in the making up of the successful contractor's tenders; sub-trade contracts should be awarded with the utmost possible dispatch.
- A contractor should award each sub-contract to the qualified sub-contractor tendering the lowest price. If the award is made to any other sub-contractor, it shall be at the latter's tendered price.
- A contractor shall pay all sub-contractors and suppliers promptly and in accordance with the terms of the contract for their contracted work.
- All services performed by one contractor for another, where payment is required, should be recorded and signed for at agreed intervals; agreement with regard to the payment for such job services should be reached and recorded in writing before such work commences.
- Competitive tenders which are publicly called should be opened at a fixed time in the presence of the bidder or their representatives.
- An owner should not recall tenders unless there is substantial change in the scope of the work, in the market conditions, or other factors affecting costs. In such cases not more than the three lowest tenders should be invited to tender again.
- The Association shall make every effort to apprise all concerned of these guidelines in order to ensure fairness to all. The Association shall, tactfully, discuss breeches of these guidelines with those elements of the industry who may unknowingly overlook these recommended Standards of Practice.