17 - Procurement and Tendering Flashcards

1
Q

What are the main procurement methods?

A

Traditional
Design and Build
Construction Management
Management Contracting
PFI (private finance initiative)

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2
Q

What should be considered when selecting a procurement route?

A

The specifics of the project

Form of contract being used

Client objectives incl:
-time
-cost
-quality
-risk

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3
Q

What is traditional procurement?

A

The design is completed by the clients design team, before competitive tenders are invited and a main contractor is employed to build what the designers have specified

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4
Q

How does traditional procurement work?

A

The contractor takes responsibility and financial risk for the construction of the works to the design produced by the clients design team, for the contract sum, within the contract period.

The client takes responsibility and risk for the design and design team performance.

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5
Q

When is traditional procurement appropriate?

A

If the employer has had the design prepared.
If the design is substantially completed at the time of the contractor selection.
If the client wants to retain control of design and specification.
If cost certainty at start on site is important.
If the shortest overall programme is not the clients main priority (min.
overlap between D&B)

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6
Q

What are the advantages of traditional procurement?

A

Retaining control over design can lead to higher quality.
Offers increased cost certainty before commencement.
Design changes are relatively easy to arrange and value.

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7
Q

What are the disadvantages of traditional procurement?

A

Overall project duration longer due to lack of overlap between design and build phases
Lack of contractor input into design and planning.
Dual point of responsibility: design team over design, and contractor over the build.

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8
Q

What is design and build?

A

Where the contractor is responsible for the design, planning, organisation, control and construction of the works to the employer requirements

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9
Q

How does design and build procurement work?

A

The employer gives the tenderers the ‘Employers Requirements’ and the contractor responds with the ‘Contractor Proposals’ which include the price for the works

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10
Q

When might Design and Build be appropriate?

A

-When there is a need for an early start on site as there can be an overlap between design and construction stages.
-Where client wants to minimise risk, as design responsibility transfers to client.
-Where a project is more technically complex and requires contractor input and expertise.
-Where the employer does not want to retain control over design development.

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11
Q

What are the advantages of design and build?

A

Single point of responsibility for D&B
Earlier commencement on site.
Early price certainty increased.
Client can benefits from the contractors expertise during the design phases

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12
Q

What are the disadvantages associated with design and build procurement?

A

Client has to commit to concept design early.
Clients may find it hard to prepare a sufficiently comprehensive brief.
Variations from original brief are difficult to arrange and more expensive.
Harder to compare tenders and determine value for money
May also be a risk prelim.

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13
Q

What are the disadvantages associated with design and build procurement?

A

Client has to commit to concept design early.
Clients may find it hard to prepare a sufficiently comprehensive brief.
Variations from original brief are difficult to arrange and more expensive.
Harder to compare tenders and determine value for money
May also be a risk prelim.

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14
Q

How much design input with the contractor have under design and build?

A

Dependant on amount of design work client has already completed at time of tender.
Can range from full design, to production information and coordination only.

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15
Q

(D&B) who carries out the design for the contractor?

A

May be outsourced to a separate design company (contractor retains responsibility)
May have in-house capability, or client design team may be novated to the main contractor

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16
Q

What is management contracting procurement?

A

A management contractor is employed to contribute their expertise to the design and to manage construction with a management fee being paid for them to do so

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17
Q

How does management contracting work?

A

Management contractor has direct contractual links with all the works contractors or trades packages.

Have responsibility for the construction works without actually carrying them out.

Not all designs need to be completed before works start.

The MC selects contractors through competitive, open book tender
The client reimburses costs of these packages to the MC plus their mgt fee.

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18
Q

When might management contracting be appropriate?

A

Where full cost certainty is not important before commencement.
When an early start is key priority (overlap of phases)

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19
Q

What are the advantages of management contracting?

A

Overall project duration likely to be shorter due to overlap.
Contractor involvement in design and planning.
Changes can be accommodated in packages not let.
Works are let competitively at current market price.

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20
Q

What are the disadvantages of management contracting?

A

Costs of the work is not received until last package has been let. (less cost certainty).

Changes to designs of later packages may affect work already let.

Little incentive for management contractor to reduce costs as they will still receive management fee.

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21
Q

What is the key issue after a design team have been novated?

A

Whether the new party has the right to take action against the novated party for breaches that occurred before the novation

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22
Q

How does novation affect the employers rights?

A

They lose all contractual relations with the novated party and therefore the right to take action for a breach. Therefore common for a collateral warranty between the employer and novated party.

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23
Q

What is construction management procurement?

A

Employer places a direct contract with the trade contractors and utilises the expertise of a construction manager who acts as a consultant to coordinate the contracts

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24
Q

How does construction management work?

A

The trade contractors carry out the work.
The construction manager supervises the construction process and coordinates the design team.
The Construction Manager has no contractual links to the trade contractors or members of the design team.
CM’s role involves preparation of the programme, determining requirements for site facilities, and breaking works down to suitable works packages, obtaining and evaluating tenders, coordinating and supervising works.

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25
Q

When might construction management be appropriate?

A

Large complex projects where CM expertise can be utilised, including buildability and programming advice.
Where early start is key.
Maintenance of flexibility in design and construction.
Where price certainty is not a key driver.
Where client is experienced in construction.

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26
Q

What are the advantages of construction management?

A

Project duration reduced due to overlap in design and construction.
Construction manager can contribute to design and planning phases.
Changes in design can be accommodated without paying a premium
Roles, risks and relationships are clear
Prices may be lower due to direct contracts with trade contractors

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27
Q

What are the disadvantages of construction management?

A

Price certainty is not achieved until the last package is let.
Changes to packages may adversely affect packages that are already let.
The client must be proactive and hands on.
The client has a lot of consultants and clients to deal with

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28
Q

What is tendering?

A

A structured process for generating quotations from contractors or suppliers looking to obtain a business activity either under competition or via negotiation with a single contractor.

29
Q

When tendering, what are the main methods of choosing a contractor?

A

Open tendering
Selective tendering (single or two stage)
Negotiated tendering
Serial tendering

30
Q

What is open tendering?

A

An indiscriminate request for tenders to be submitted on the open market.
Could be achieved by advert placed in local papers or technical press inviting contractors to apply for tender documentation.
Little or no barriers to entry to submit a tender

31
Q

What are the advantages to open tendering?

A

Provides opportunities for capable firms who the client may not have considered.
Encourages competition on the open market.

32
Q

What are the disadvantages of an open tender?

A

Increased risk of errors in the tender submission due to risk of inexperienced contractors who have no prior understanding of client requirements.
No assurance that the lowest tender is capable or financially stable.
Total time and cost to review is increased.

33
Q

What is selective tendering?

A

Restricts the number of tenderers by pre-selecting a limited number of contractors to tender for the work.

34
Q

What are the advantages of selective tendering?

A

Ensures only capable and approved firms submit tenders.
Tends to reduce aggregate cost of tendering as fewer tenders to consider.
Reduces risk of receiving tenders from unsuitable contractors.

35
Q

What is two-stage tendering?

A

Where the client seeks to appoint the contractor based on an outline scope of works that is not fully defined.

The client then works with the contractor to develop the scope of works and reaches an agreed price.

Can be used where it is useful to obtain contractors expertise on the planning of a project and gain earlier contractor involvement.

36
Q

What is the purpose of the first stage in two-stage tendering?

A

The client would provide an outline project design to each of the tenderers.

The tendering contractors will submit a price for helping the client develop and finalise the design using their expertise.
Tender submissions will usually consist of:
-schedule of rates that will be used to calculate agreed price during stage 2
-a price for assisting the client develop the design development and buildability during the 2nd stage
-contractors overheads and profits

A preferred contractor is then appointed to assist with developing the design further.

37
Q

What is serial tendering?

A

Contractors are asked to bid for a project on the basis that if they complete the initial project satisfactorily, other projects of similar will follow and the same bill rates will be applied

38
Q

What issues could selecting the wrong contractor cause?

A

Bad client/contractor relationship
Dissatisfied client
The appt of an insolvent contractor

39
Q

How would you put together a set of tender documents?

A

In accordance with JCT practice note 2017, suite of documents would include:
-invite to tender letter
-instruction to tenderers including date & time for return, to whom, site visits, programme, errors procedures, scoring matrix
-conditions of proposed contract
-pricing documentation
-specifications
-drawings
-employers requirements
-preconstruction health and safety info
-form of tender

40
Q

What is the form of tender?

A

A pre-printed formal statement in which the tenderer fills in the blank spaces

The tenderer provides their name, address, sum of money for which they offer to carry out the works

41
Q

What are the employers requirements?

A

They set out the clients requirements i.e. function, size, accommodation and quality requirements of a project

Their level of detail will depend on how much design development has been carried out prior to tender

Normally include current state of planning permission

Should detail the level of design, structure and specific information to be provided by the tenderers

42
Q

What are the contractors proposals?

A

The contractors response to the Employers Requirements

They are the key documentation for the client to consider at tender review

Often include plans, elevations, sections and typical details

Layout drawings and specifications for materials and workmanship are also provided

43
Q

How would you determine the duration of the tender period?

A

Dependant on procurement process and size of project

For traditional procurement route with BoQ, would allow around a month to allow main contractor to get costs. Larger schemes may take longer.

It is better to ensure there is sufficient time for the contractor to price correctly, rather than rushing

44
Q

What is negotiated tendering?

A

Where the client has an existing preference for appointing a particular firm and only negotiates with one contractor

45
Q

When might negotiated tendering be used?

A

When the contractor has previously completed works successfully for the client.
Where there is an existing relationship

46
Q

How does negotiated tendering work?

A

There is no negotiation, only one contractor is invited to tender.
The contract sum is arrived at by process of negotiation.
Schedule of rates or prices from previous projects may be used at the basis of agreeing a price

47
Q

What is strategic partnering?

A

A long-term relationship that is established with a view to undertaking a number of projects over a long period.
Framework agreements are used to set out the overriding contractual terms with fixed terms and conditions for future appointments.
Projects and services are drawn down on a project by project basis

48
Q

What are the key benefits of partnering?

A

Overall construction and design programme is usually shortened because there is prior understanding of the client and their requirements.

Potential for conflict is reduced.

Communication is improved.

Pooling of resources and ideas should result in innovative solutions.

Improved client satisfaction.

Protection of profit margin for contractor and suppliers

Team environment often formed

Improved buildability with early contractor involvement

Better predictability in construction costs and programme.

49
Q

Wheatley Court - talk me through how you prepared the tender documents? what was included?

A

Collated brief including:
*general information i.e. address, access, measurement, programme, building control, deadline, how to retur, form of contract
* scope of works and specification
* Selective tendering - emailed to nominated contractors with instructions
* Structural engineers report

50
Q

Wheatley Court - talk me through how you undertook a site visit during the tender period?

A
  • Joint site visit with both tenderers to allow them to view and measure for works
  • Overview of SoW in line with the tender docs
  • Questions answered jointly, and recorded in email to both contractors (fairness)
51
Q

What is electronic tendering?

A

The process of using online procurement (eProcurement) platforms to automatically solicit bid tenders and evaluate suppliers.

E-tendering provides a framework where both clients and tenderers can reduce their costs, remove unnecessary administration and streamline the overall tendering process.

52
Q

Do you know of any e-tendering services?

A

Find a tender service
MyTenders.co.uk

53
Q

What is the difference in procurement between JCT Standard Form and JCT with contractors design?

A

JCT standard form - traditional or conventional procurement. Client team responsible for design (but can also have contractors designed portion)

JCT with contractors build - Design and build procurement

53
Q

What is the difference in procurement between JCT Standard Form and JCT with contractors design?

A

JCT standard form - traditional or conventional procurement. Client team responsible for design (but can also have contractors designed portion)

JCT with contractors build - Design and build procurement

54
Q

What is the difference in procurement between JCT Standard Form and JCT with contractors design?

A

JCT standard form - traditional or conventional procurement. Client team responsible for design (but can also have contractors designed portion)

JCT with contractors build - Design and build procurement

55
Q

What do you understand by pre-qualification?

A

Prequalification is an information gathering and assessment process that determines a contractor’s capability, capacity, resources, management processes, and performance.

Incl. financial history, work history, qualifications.

Potential bidders on projects are audited to assess their prequalification standing before bids are accepted. Only those bidders that are prequalified will be invited to submit a bid.

56
Q

What types of tendering are you aware of?

A

Single-stage tendering
Two-stage tendering
Negotiated

57
Q

How do single and two stage tenders differ?

A

Single stage tender involves one stage, where the tender docs are issued to a number of competing contractors who are given the chance to bid for the project based on identical tender cost, usually done at RIBA stage 4 where more info is available.

2-Stage tender involves 2 stages. Stage 1, employer provides outline project design and contractors compete for preferred contractor status. The preferred contractor is usually chosen based on quality of bid, team, prelims, OHPs. The preferred contractor then joins the design team on a consultancy basis. At 2nd stage, once design has sufficiently progressed, the contractor will enter into detailed contract negotiation with the employer to agree final price, contract conditions and programme.

58
Q

What do you understand by procurement?

A

The overall act of obtaining goods and services for a construction project

There are several procurement routes for construction projects, the selected procurement route should follow a strategy which suits the project criteria and objectives

59
Q

What is the difference between procurement and tendering?

A

Procurement is the overall act of obtaining goods and services from ext sources, and deciding the strategy for how the goods will be acquired.

Tendering is a phase in the procurement strategy and deals with obtaining price through a bidding process and deciding how contractor is appointed.

60
Q

What procurement options are you aware of?

A

Traditional
Design and Build
Partnering
Management contracting
Construction management

61
Q

What are the benefits and pitfalls of traditional procurement?

A

Advantages:
-Employer retains design control
Design is largely finalised before contractors tender for the build, therefore employer knows what they are geting
-Tenderers produce submission based on same info so easier to compare
-Reasonable price certainty at contract award
-Minimal built in contractor risk premium

Disadvantage:
-Overall project duration may be longer than D&B, limited opportunity to overlap
-zero/limited contractor input into buildability
-design risk retained by employer. Any changes post contract will be a VO or compensation event
-Dual point of responsibility (employer for design, contractor for construction)

62
Q

What are the benefits and pitfalls of Design and build?

A

Advantages:
* Single point of responsibility for construction and design
* Earlier commencement on site possible (opportunity to overlap)
* Can use contractor experience for buildability
* Design and construction risk with contractor
* More cost certainty

Disadvantages:
-Design is only as good as the ER’s
-More complex to compare returns
-Employer changes can be difficult to value and expensive
-Less employer control over aesthetics and quality
-Contractor will build in risk premiums into tender return

63
Q

Which procurement route carries the most client risk?

A

Construction management

This is because the employer places indiviual contracts direct with each trade contract, and the construction manager carries no risk (expect professional negligence)

64
Q

What OJEU?

A

Find a tender service

65
Q

Explain the find a tender e-tendering platform

A

Online portal to search and apply for high value contracts in the UK’s public and utilities sectors.

66
Q

When do tender need to be legally posted on FTS?

A

In accordance with Public Contracts Regulations 2015 (PCR 2015) above-threshold contract opportunities to be advertised across the UK on Find a Tender

67
Q

When do tender need to be legally posted on FTS?

A

In accordance with Public Contracts Regulations 2015 (PCR 2015) above-threshold contract opportunities to be advertised across the UK on Find a Tender