I posted this question on CSI's LinkedIn group:
One of my clients, a building product manufacturer, calls architects during bidding to ask them to accept his framing accessory as a substitution. (He gets their names from a subscription service of jobs being bid.) When I said that Instructions to Bidders typically states that architect consider substitutions only if requested by a bidder, the manufacturer said that many architects don't abide by their own documents and he has a high rate of success at changing the specs. Now he wants my help with calls.Here is the gist of the feedback I got from CSI members. As a group, they want manufacturers to know and follow the instructions to bidders as published in the bidding documents. CSI members may not be representative of the industry as a whole, but it is dangerous to ignore them:
What would you say to this manufacturer if he told you his strategy? Should a manufacturer treat specs as inviolate or accept the realities of the marketplace?
- Tell him "No, it's not right". Just because he breaks the rules does not mean you have to. There is a possibility that you will loose this client, but doing the right thing never fails. I have witnessed this principal to be true many many times. I understand that sometimes the rules must be broken, but from my perspective, this is not one of those times.
- I would absolutely tell the manufacturer "no." If bidding documents say no substitutions or approved manufacturers only, then we should abide by them. I don't accept any calls from manufacturers during bidding as any information would give them an unfair advantage in bidding. I refer them back to the General Contractor or CM.
- I would stick to your specs as the product manufacturer should be looking to get into your own office MasterSpec for future projects and not just for the "Now" project.
- Manufacturers who market by playing outside of the rules or riding the fence can develop a reputation with the specifying community that is less favorable. It is the merit of the products and the value brought by good support of the products, that really wins, in my opinion.
- I would say that in that situation, the manufacturer needs to spend his efforts to convince the architect to include his product in future projects rather than the one out to bid.
Finally, I issued a statement that the products were not allowed under the terms of the specification section. Should the hardware supplier wish request that these products be used they must request a substitution, and I would have to see the cost back to the owner for this substitution. The contractor said that he could put together the data needed for a substitution review, but that the cost savings was already in the bid price. I responded no it is NOT. The bid price reflects the specified products. Your request for substitution will have to be a cost back to the owner. Guess what I got the specified products. This required me to educate my owner and I had to hold firm in the face of an frustrated, and irritated contractor. If we as the architects, perform lazy, the contractor will seize the opportunity. When that happens, the good products reps get chewed up. I do not want our trusted advisors chewed-up.
Here is my own answer to the question:
Thanks, everyone, for the thoughtful answers to my questions. I spoke with my client today and recommended against his initiation of substitutions during bidding. I explained it to him this way:
"If you approach the architect during bidding, you might get named in an addendum, but that will not help your long term cause. Bidding is a rushed, chaotic process, and most of the team that put together the contract documents will have moved on to other projects as soon as the job is put out to bid. This means that most substitution requests are reviewed by just one or two members of the project team. They might say 'yes', but that information does not become part of the institutional memory of the firm. Instead, I recommend working with the office so they understand the benefits of the product and you get buy-in from the project architects, draftsmen, specifier, engineer, cost estimator, and other members of the team. Otherwise, they will simply fall back onto old habits, cut and paste old details, reuse existing spec masters, and you will have to fight for another substitution on the next project."
I suggested a sales-oriented approach of working with sub-contractors to submit substitutions after contracts are issued. This works to my client's advantage due to the reduced labor associated with his product.
In tandem, I recommended a business-development goal of working with architects to show how to bring their standard details and spec masters into compliance with best industry practices.
One of my mentors was a forensic engineer. He told me that most of the product failures he had investigated were substitutions that were rushed through without adequate research, coordination, or documentation.