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View Enquiry: BE CDMC 2020-04-114


Contract Details
Contract Number
CDMC 2020-04
Region
Northeastern
Tender Owner
MTO Maintenance
Location
North Bay, Powassan, Verner, and Mattawa
Highway
Various
Length
1,210.3
QMS Declaration
Yes
Option A or B bidding
No
Contract Description
Management and supervision of winter and summer routine maintenance work of King’s Highways, as well as minor rehabilitation work.
Tender Instructions
To assist in proposal preparation, Ministry staff will be available to answer questions at a Pre-Submission Meeting for all prospective Proponents, which will be held on: September 16, 2020 at 10:30 AM Local (Toronto) Time This meeting will be held via teleconference, video-conference or in person. Details will be provided prior to the date via addendum.
Contract Dates
Tender Advertise
19-Aug-2020
Tender Opening
17-Feb-2021 at 01:30:00 PM
TRF Submission Opening
20-Jan-2021
TRF Submission Closing
12-Feb-2021 at 12:00:00 PM

Enquiry Details
Enquiry Date
28-Nov-2020 at 11:13:30 AM
Type
General Conditions
Subject
Construction Act
Enquiry
Please explain how GC 3.15 in SSP 100S55, in particular GC 3.15.02, concurs with the legislated right to expeditiously adjudicate disputes as they arise in accordance with the Construction Act. Under the Construction Act, a dispute arises upon delivery of Notice of Adjudication, without pre-conditions. Therefore, what is the legal basis for the contractual pre-conditions and how are GC 3.15.02.01 and 3.15.02.02 legally enforceable if parties cannot contract out of the Construction Act, which is what these subsections appear to be attempting.

Response Details
Response Status
Completed
Response Date
17-Dec-2020 at 08:24:13 AM
Response
The inclusion of GC 3.15.02.01 and 3.15.02.02 are inline with the Construction Act. GC 3.15.02.01: There is no dispute to trigger adjudication until MTO issues a Decision on a Compensation Request. Without a Dispute there is no need for a party to request adjudication. GC 3.15.02.02: A contractor can opt to use adjudication if they disagree with a Decision issued on a Compensation Request. If however, a contractor decides to use the contractual Claim Review Process then the contractor needs to see the process through. Once the Claim review process is complete, then a contractor can choose adjudication if they disagree with the Decision.