Bid Award Procedures
Bid award procedures establish the formal transition from competitive bidding to contract execution for HVAC construction projects. These procedures ensure legal compliance, financial security, and proper project initiation.
Award Notification
Notification Timeline
Award notification follows established protocols:
Public Projects:
- Formal board or commission approval required
- Public announcement of award decision
- Notification within 30-60 days of bid opening
- Posting of results on public platforms
- Written notification to all bidders
Private Projects:
- Owner determines notification timeline
- Typically 14-30 days after bid opening
- Direct communication to selected contractor
- Optional notification to unsuccessful bidders
Notification Content
Award letters contain specific information:
Required Elements:
- Project identification and location
- Contract amount and scope
- Required submittal deadlines
- Bond and insurance requirements
- Contract execution timeline
- Conditions of award
HVAC-Specific Items:
- Equipment submittal requirements
- Long-lead item procurement
- Coordination meeting schedules
- BIM/CAD file exchange protocols
- Factory witness test requirements
Protest Period
Time allowed for bid challenges:
Public Projects:
- 5-10 business day protest period
- Formal protest procedures required
- Written documentation of concerns
- Suspension of award during review
- Resolution before contract execution
Private Projects:
- Owner discretion on protest handling
- Typically no formal protest rights
- Business relationship considerations
Contract Execution
Contract Documents
Complete contract package assembly:
Core Documents:
- Agreement form (AIA A101, ConsensusDocs, or custom)
- General conditions (AIA A201 or equivalent)
- Supplementary conditions
- Drawings and specifications
- Addenda issued during bidding
- Contractor’s bid form
HVAC Supplements:
- Equipment schedules and data sheets
- Performance specifications
- Testing and balancing requirements
- Commissioning specifications
- Operations and maintenance manuals outline
- Training requirements
Signature Requirements
Proper execution authority:
Contractor Requirements:
- Corporate officer signature
- Secretary attestation
- Corporate seal (if applicable)
- Board resolution for large contracts
- Authorization documentation
Owner Requirements:
- Authorized signatory
- Appropriate approval level
- Board authorization (public/institutional)
- Legal review completion
- Budget appropriation verification
Contract Modifications
Pre-execution adjustments:
- Value engineering deductions
- Scope clarifications
- Schedule adjustments
- Alternate acceptance/rejection
- Unit price confirmation
- Allowance verification
Performance Bonds
Bond Requirements
Financial guarantee of contract completion:
Standard Coverage:
- 100% of contract value
- Extends 1 year beyond completion
- Covers labor and material defaults
- Includes correction period obligations
HVAC Considerations:
- Equipment warranty periods
- System performance guarantees
- Commissioning completion
- Seasonal testing requirements
- Multi-year maintenance periods
Surety Qualifications
Acceptable bonding companies:
Rating Requirements:
- A.M. Best rating of A- or better
- Treasury Department approved
- State-licensed surety company
- Single project limit verification
- Aggregate capacity confirmation
For Large HVAC Projects:
- Bonding capacity $10M minimum
- Mechanical trade experience
- Equipment manufacturer relationships
- Claims history review
Bond Forms
Standardized documentation:
- AIA Document A312 (standard)
- Federal Form 25 (government projects)
- Custom forms (owner-specific)
- Dual obligee arrangements
- Consent of surety requirements
Payment Bonds
Coverage Scope
Protection for subcontractors and suppliers:
Protected Parties:
- First-tier subcontractors
- Second-tier subcontractors (limited)
- Material suppliers
- Equipment manufacturers
- Rental companies
- Labor providers
HVAC-Specific Coverage:
- Chiller manufacturers
- Controls suppliers
- Ductwork fabricators
- Piping contractors
- Testing agencies
- Commissioning providers
Claim Procedures
Process for bond claims:
Notice Requirements:
- 90-day notice after last work
- Written claim to contractor and surety
- Documented work performed
- Proof of non-payment
- Contract relationship verification
HVAC Material Claims:
- Equipment delivery documentation
- Shop drawing approval evidence
- Installation verification
- Manufacturer warranties
- Final balancing reports
Bond Amount
Coverage levels:
- 100% of contract value (typical)
- 50% minimum (some jurisdictions)
- State-specific requirements
- Federal Miller Act compliance
- Little Miller Acts (state projects)
Insurance Requirements
Commercial General Liability
Primary liability coverage:
Minimum Limits:
- $1,000,000 per occurrence
- $2,000,000 aggregate
- Products/completed operations
- Contractual liability
- XCU coverage (explosion/collapse/underground)
HVAC Enhancements:
- Refrigerant release coverage
- Pollution liability for oil/glycol
- Vibration/settling damage
- Water damage from testing
- Equipment damage during installation
Workers Compensation
Statutory employee coverage:
- State-mandated limits
- Employer’s liability $1M minimum
- All states endorsement
- Waiver of subrogation
- Certificate for each subcontractor
Automobile Liability
Vehicle coverage requirements:
- $1,000,000 combined single limit
- Owned/hired/non-owned vehicles
- Out-of-state coverage
- Equipment transportation
- Delivery vehicle coverage
Builders Risk Insurance
Property coverage during construction:
Owner-Purchased (typical):
- All-risk coverage
- 100% completed value
- Includes materials on-site
- Transit coverage
- Testing coverage
HVAC Equipment Protection:
- Factory-to-site transit
- Storage at staging areas
- Rigging and installation
- Hydrostatic testing damage
- Temporary heating/cooling equipment
Professional Liability
Design responsibility coverage:
Design-Build Projects:
- $2,000,000 minimum coverage
- 3-year tail coverage
- Equipment selection liability
- System performance guarantees
HVAC Design Liability:
- Load calculation errors
- Equipment sizing deficiencies
- System performance shortfalls
- Energy code compliance
- Indoor air quality issues
Installation Floater
Equipment in transit coverage:
- Chiller transportation
- Rigging operations
- Crane operations
- Rooftop equipment placement
- Specialized HVAC equipment
Additional Insured
Owner protection requirements:
- Primary and non-contributory
- Blanket additional insured
- Products/completed operations
- Waiver of subrogation
- 30-day cancellation notice
Certificate Management
Insurance documentation:
- ACORD 25 certificate form
- Policy endorsements attached
- Expiration date tracking
- Renewal requirements
- Continuous coverage verification
Notice to Proceed
Issuance Conditions
Requirements before NTP:
Administrative Prerequisites:
- Fully executed contract
- Performance bond received
- Payment bond received
- Insurance certificates approved
- Building permit obtained (if required)
HVAC-Specific Prerequisites:
- Equipment submittals scheduled
- Long-lead items identified
- Fabrication shop qualified
- Coordination meeting scheduled
- BIM/CAD files exchanged
NTP Content
Formal authorization elements:
Required Information:
- Project name and number
- Contract commencement date
- Substantial completion deadline
- Final completion deadline
- Liquidated damages rate
- Mobilization requirements
HVAC Schedule Milestones:
- Equipment submittal deadlines
- Approval duration expectations
- Procurement timelines
- Delivery dates
- Installation sequences
- Testing and commissioning dates
Effective Date
Contract time commencement:
- Specified calendar date
- Date of NTP issuance
- Date of permit issuance
- Site access date
- Owner determination
Conditional NTP
Partial authorization scenarios:
Limited Scope Authorization:
- Submittal preparation only
- Shop drawing development
- Equipment procurement
- Material ordering
- Fabrication commencement
HVAC Applications:
- Long-lead chiller procurement
- Custom air handler fabrication
- Controls programming
- Ductwork shop drawings
- Factory witness testing
Delayed NTP
Managing procurement during delays:
- Submittal approval continuation
- Equipment ordering authorization
- Material purchase limits
- Storage arrangements
- Payment terms adjustment
Financial Arrangements
Retainage
Withheld payment provisions:
Standard Practices:
- 10% initial retainage (typical)
- 5% reduced retainage (at 50% completion)
- Release upon substantial completion
- Final release after punchlist
HVAC Retainage Issues:
- Equipment payment timing
- Stored materials retainage
- Commissioning completion
- Seasonal testing holdback
- Warranty activation timing
Payment Schedule
Application for payment procedures:
- Monthly progress payments
- Stored materials provisions
- Equipment delivery payments
- Substantial completion payment
- Final payment release
Mobilization Payment
Initial project funding:
- 5-10% of contract value
- One-time payment
- Shop drawing preparation
- Project management setup
- Quality control systems
Preconstruction Activities
Submittal Log
Required documentation tracking:
HVAC Submittal Categories:
- Equipment data sheets
- Shop drawings
- Product data
- Samples
- Test reports
- Certifications
- Operations manuals
Schedule Development
CPM schedule requirements:
- Activity duration estimates
- Equipment lead times
- Fabrication sequences
- Installation logic
- Testing milestones
- Commissioning activities
Subcontractor Agreements
Trade contractor execution:
- Insulation contractor
- Controls contractor
- Testing and balancing agency
- Commissioning provider
- Ductwork fabricator
- Piping contractor
Post-Award Meetings
Pre-Construction Conference
Initial project coordination:
Attendees:
- Owner representative
- Architect/engineer
- General contractor
- HVAC contractor
- Major subcontractors
- Commissioning authority
HVAC Discussion Topics:
- Equipment submittal priorities
- Long-lead item procurement
- Coordination requirements
- BIM/CAD protocols
- Access and laydown areas
- Temporary utilities
Coordination Meetings
Ongoing project communication:
- Weekly progress meetings
- Submittal review sessions
- RFI resolution meetings
- Schedule updates
- Safety coordination
- Quality control reviews
Award Documentation
Record Keeping
Required documentation retention:
- Executed contract
- Bonds and insurance
- Notice to proceed
- Baseline schedule
- Approved budget
- Submittal logs
- Meeting minutes
Distribution
Document circulation:
- Owner (original)
- Contractor (original)
- Architect/engineer (copy)
- Surety company (copy)
- Lender (if applicable)
- Attorney (if applicable)
Special Considerations
Design-Build Awards
Integrated delivery modifications:
- Performance specifications
- Design criteria compliance
- Professional liability insurance
- Design schedule requirements
- Approval milestones
CM-at-Risk Awards
Construction manager arrangements:
- Guaranteed maximum price
- Cost-plus components
- Shared savings provisions
- Phased construction
- Early procurement
Multiple Prime Contracts
Separate trade awards:
- HVAC as separate prime
- Coordination responsibilities
- Interface definitions
- Payment procedures
- Schedule integration
The bid award procedure establishes the legal and financial framework for HVAC construction projects. Proper execution of these procedures protects all parties, ensures adequate resources, and sets the foundation for successful project delivery. Attention to HVAC-specific requirements during the award phase prevents delays and disputes during construction.
Sections
Recommendation Development
Components
- Lowest Responsive Responsible Bidder
- Bid Evaluation Report
- Reference Check Summary
- Qualification Verification Summary
- Scope Compliance Verification
- Cost Analysis Comparison
- Schedule Evaluation
- Award Recommendation Memo
Award Notification
Components
- Notice Of Award Issuance
- Contract Execution Procedures
- Performance Bond Submission
- Payment Bond Submission
- Insurance Certificate Submission
- Contract Signing Procedures
- Notice To Proceed Issuance
- Unsuccessful Bidder Notification
- Bid Protest Procedures