Both AIA and AGC recommend: "Under no circumstances should a bidder be permitted to alter a bid after all bids have been opened unless it is the apparent low bid and the owner desires to negotiate minor changes. If major changes are necessary, the original bids should normally be rejected and new bids secured from the original list of bidders based on revised contract documents." A qualified bid, by its nature, contemplates negotiation of scope not afforded other bidders.

A recent trend that has afflicted the public work construction marketplace is post-bid negotiation. Faced with the potential for a project over budget and in need of redesign and rebid, designers and owners are opting instead to negotiate scope and price with the low bidders. Such a practice is in clear violation of law and places at risk the capital of contractors and owners. While it is acceptable to negotiate downward the price with the low bidder, any discussions of scope change make the contract illegal on its face. It should be noted also, entering into a contract with the anticipation that a scope change and change order will be executed later is also improper.