PROCUREMENT AND TENDERING Flashcards
(107 cards)
1
Q
What is procurement
A
The overall process of aquiring construction work or services
2
Q
What is considered when selecting procurement route
A
Project specifics
Timing
Budget/Funding Availability
Desired Quality
Client’s appetite for risk
3
Q
What are the main methods of procurement
A
a. Traditional
b. Design & Build
c. Management Contracting
d. Construction Management
4
Q
What are the procurement financial basis
A
Lump sum
Re-measured
Reimbursable
Target Cost
Guaranteed/agreed maximum price
5
Q
What is a lump sum contract?
A
Under a lump sum contract, a single ‘lump sum’ price for all the works is agreed before the works begin.
6
Q
What is a reimbursable contract?
A
The contractor is reimbursed the actual costs they incur in carrying out the works, plus an additional fee.
7
Q
What is a re-measurement contract?
A
A remeasurement contract is where the work is measured and valued against agreed rates. There is therefore no agreement as to a lump sum, but there is agreement as to the basis upon which the work will be valued
8
Q
What is a target cost contract?
A
The target cost is set early in the project, and then cost savings or overruns are shared based on an agreed formula
9
Q
What is GMP and what does it mean?
A
Guaranteed Maximum Price Lump Sum
A form of agreement with a contractor in which it is agreed that the contract sum will not exceed a specified maximum, unless design changes are requested by the client.
10
Q
What is traditional procurement
A
Design is completed by the client’s design team
Tenderers are invited to price the job based on the design
A main contractor is employed to build
Contractors design portion can be included
11
Q
How does traditional procurement work (in terms of risk, design and programme)
A
Contractor - Takes responsibility and financial risk for construction of the client’s design for the agreed contract sum and contract period
*The Client retains design responsibility and holds the direct contractual relationship with the Architect
12
Q
What is a contractors design portion?
A
A section of the design which is allocated to the contractor for completion while he commences works
commonly the M&E Package
13
Q
What must the contractor have if they take on a Contractors Design Portion?
A
Takeout and Maintain Professional Indemnity Insurance.
Provide copyright licenses for designs to the Client.
Provide appropriate levels of skill, care and due diligence
14
Q
When might traditional procurement be appropriate
A
a. If the design is complete or substatially complete
b. The client wishes to have control over design and spec
c. Cost certanity is important
d. Time is not a priority
15
Q
What are the advantages of traditional procurement
A
Control over design can lead to higher quality
Competitive fairness, as all tendering contractors are bidding on the same basis.
Increased levels of cost certainty before commencement
Design changes are reasonably easy to arrange and value
16
Q
What are the disadvantages of traditional procurement
A
Project duration may be longer than others due to lack of overlap between design and construction.
There is no input into design and planning by the contractor, unless a CDP is let
There is a dual point of responsibility with the design team controlling the design and the contractor retaining responsibility for the construction.
Incomplete design can result in less cost and time certainty and can be the cause of expensive disputes
17
Q
What types of traditional procurement routes are there?
A
Lump sum
Remeasureable
Cost Reimbursement
18
Q
What is Design & Build
A
The contractor is responsible for the design, planning, organisation, control and construction of the works to the employer’s requirements.
The Client transfers design responsibility to the Main Contractor who holds the direct contractual relationship with the Architect
19
Q
How does Design & Build work
(What does the client give and what do the contractors return)
A
The client gives the tenderers ‘Employers Requirements’
The contractor will respond with ‘Contractors Proposals’ which includes their price
20
Q
When might Design & Build be appropriate
A
Where there is a need to make an early start on site as there can be overlap between design and construction.
Where the client wishes to minimise their risk as they transfer design responsibility to the Main Contractor.
For technically complex projects requiring the contractor’s expertise.
Where the employer does not want to retain control over design development.
21
Q
What are the advantages of Design & Build
A
There is a single point of responsibility for design and construction.
The total project time of a design and construction route may be reduced, because of overlapping.
There is price certainty before construction starts, provided the ER’s are adequately specified.
The client can benefit from the contractor’s experience harnessed during the design & being bought on early
22
Q
What are the disadvantages of Design & Build
A
Clients may find it hard to prepare a sufficiently comprehensive brief.
The Client has to commit to a concept design early and therefore Quality may be compromised.
Bids via a single stage are difficult to compare: each interpretation and design will be different.
It is harder to compare tenders and harder to determine whether value for money is being achieved.
Client changes to the scope of the project can be expensive
23
Q
How much design input will the Contractor have in a Design & Build
A
It depends on how much design work the client has completed at the time of tender
24
Q
What is Management Contracting
A
A management Contractor is employed by the client to contribute expertise to the design and manage construction
A management fee is paid
The Management Contractor holds the Contractual relationship with the Works Package Contractors
25
How does Management Contracting work
The management contractor selects the works contractors through competitive open book tender.
The management contractor has direct contractual links with all of the works contractors.
The client reimburses the cost of these packages to the management contractor plus their management fee
The management contractor has the responsibility for the construction works without actually carrying them out.
Not all of the design need be completed before the first works contractors start work.
26
When might Management Contracting be appropriate
When early start on site is a priority
When the client does not need cost certanity before commencement
27
What are the advantages of Management Contracting
Overall project duration is shorter due to overlapping design and construction (as works don't have to be fully designed)
There is contractor contribution to the design and planning process.
Changes can be accommodated in packages not subcontracted yet if they have no further impact.
The works are let competitively at current market prices on a firm price basis.
28
What are the disadvantages of Management Contracting
The price for the works will not be received until the last package has been let.
Changes to the design of later packages may affect packages already let.
There is little incentive for the Management Contractor to reduce costs.
Management Contractor has little legal responsibility for the defaults of the works contractors.
29
What is construction management
The client has direct contract with each of the subcontractors and utilises the expertise of a construction manager who acts as a consultant to coordinate the contracts.
The Client holds the Contractual relationship directly with the Trade Package Contractors
30
How does construction management work
Client employs a Construction Manager
Client employs subcontractors directly via trade contracts to carry out the work.
The construction managers supervises the construction process and coordinates the design team.
The construction manager has no contractual links with the trade contractors or members of the design team
Their role includes preparation of the programme, determining requirements for site facilities, breaking down the project into suitable works packages, obtaining and evaluating tenders, co-ordinating and supervising the works.
Price certanity isn't known until all packages are let
31
Who is responsible for the construction
Construction work is carried out by trade contractors through direct contracts with the client.
32
Where might construction management be appropriate
On large, complex projects where the advantages of Construction Management can be utilisied
Where an early start on site date is key.
Maintenance of flexibility in design and construction strategy.
Where price certainty before commencement is not a key driver.
Where the client is experienced in construction.
33
What are the advantages of construction management
Time efficient programme as the design process overlaps with the tender and construction process alowing construcion to commence sooner.
The construction manager and Trade Contractors can contribute to the design and project planning processes.
Changes in design can be accommodated without paying a premium.
34
What are the disadvantages of construction management
Cost certainty is not achieved until the last trade package is let.
Changes to packages may adversely affect packages that are already let.
This route is not suitable for inexperienced client as the client is required to maintain a strong presence.
The client has a lot of consultants and contractors to deal with.
35
What is the difference between management contracting and construction management?
Under management contracting, the Main Contractor is in direct contractual relationships with the trade contractors and the client is in contract with the Main Contractor only.
Under construction management the client is in direct contractual relationships with each of the trade contractors and the construction manager isn’t.
36
What would you recommend if a client wanted to start on site ASAP
Management Contracting or Construction Management
But not having cost certanity would be the pay off
37
What is PFI?
Private Finance Initiative.
• A government programme launched in 1992 to bring private sector project management and expertise into the public sector.
• The private sector is granted a concession to finance, design & build and operate major public projects such as schools and hospitals.
38
What are the three types of PFI projects?
1. Financially free-standing - Projects costs are recovered by charging users for example toll roads and bridges.
2. Joint Venture - Public and private sector stakeholders both invest however the private sector has overall control. Contributions and allocation of risk are clearly defined.
3. Services Sold – The capital expenditure for the project is financed by the private sector and then sold back to the public sector. The public sector requires clear demonstration that this provides better value for money than option 1 and 2.
39
What sort of projects might PFI be used on?
• Its use is recommended where it offers clear value for money when compared against traditional public sector procurement.
• It is generally considered more appropriate for larger projects of value greater than £20m and where there are significant ongoing maintenance requirements.
40
What might be some of the problems associated with PFI?
• High bidding costs are associate with PFI projects can take longer to procure than traditional projects.
• Value for money is hard to achieve as the cost of private borrowing is more expensive than public sector borrowing.
• Long term and inflexible contracts are formed which cannot respond to demographic changes. For example, a reduction in school cohort numbers can lead to empty classrooms being paid for by local authorities.
41
What is Build Lease Transfer (BLT)?
A facility is designed, financed and constructed by the private sector and then leased back to the government for a predetermined period of time at a pre-agreed rental cost.
The facility is owned by the private sector partner during the lease period, at the end the government can renew the lease, buy out the private sector partner or walk away from the deal.
Operation and maintenance of the facility during the lease period is usually the government’s responsibility.
This provides the public sector with a way of financing large-scale infrastructure projects based on ongoing revenue rather than using high levels of capital expenditure.
The primary disadvantage is that legal ownership remains with the private sector.
42
What is Build Operate Transfer (BOT)?
• The facility is designed, financed, operated and maintained by a concession company, for the period of
the concession.
• Ownership of the facility is vested in the host government from the time of construction completion.
• At the end of the period, the concessionaire’s involvement in the project ends and all operating rights
and maintenance responsibilities revert to the host government.
• The concessionaire retains all toll income during the agreed period.
43
What is Build Own Operate Transfer (BOOT)?
• A variation on Build Operate Transfer where ownership stays with the concessionaries until the end of the concession period at which time it is then transferred free of charge to the host government.
44
What is Partnering
Two or more firms working together to achieve mutual objectives and deliver continuous measurable improvements
45
What is project partnering?
All members of the professional team become involved in the partnering process at the design stage including contractors.
Ownership of risk is spread between the parties and a collaborative approach is encouraged to delivering the solution and overcoming problems.
46
What is Strategic Partnering?
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 purchases.
Projects and services are then draw down on a project-by-project basis.
47
What are the key advantages of partnering?
a. More trust is achieved between the parties.
B. There is a reduced risk of adversarial relationships as pre-determined contract conditions are agreed by all parties in advance.
C. Increased cost certainty and speed of calling off contracts is gained.
48
What is tendering
The procedure for obtaining quotes from Contractors or suppliers, who are looking to obtain business activity
49
What is a Pre Tender Estimate
Before the tender action is carried out it is important to know the estimated cost of the project. This estimate is called the pre-tender estimate (PTE) and should be carried out in accordance with NRM 1.
50
What are the main methods of tendering
a.Open
b. Selective (Single Stage or Two Stage)
c. Negotiated
d. Serial
51
What is open tendering
This is a request for tenders that is submitted to an open market. There are little or no barriers to entry to submit a tender.
52
What are the advantages open tendering
Secure maximum competition from the market
Capable firms have more opportunities
53
What are the disadvanatages of open tendering
Takes more time and cost to review as it is likely there are more tender returns
Contractors may not be capable or financially stable, so more checks will be required
Danger or increased errors in the docs due to inexperienced contractors
54
What is Selective Tendering
(There is single stage & two stage)
A pre-selected, limited number of Contractors are invited to tender
Competitive tenders are received from pre-selected capable contractors
They are selected based on:
o Financial standing.
o Qualifications and certifications.
o Previous projects
o References.
o Organisational structure.
o Capacity and resources.
o Size of work previously undertaken.
55
What is single stage tendering
(Traditional Tendering)
Used when the employers requirements are sufficiently design to be priced
A tender is issued for the whole project
An outline project design is provided (RIBA Stage 4)
Highly competitive environment where the successful tenderer is awarded the contract
56
What are the advantages of single stage
Only capable and approved firms can submit tenders
Lowers overall cost to tender
Less risk of receiving tenders from unsuitable contractors
57
What is the purpose of first stage tendering
The client provides an outline project design to each of the tenderers.
The contractors will submit prices for helping the client develop and finalise the design using their buildability expertise.
Tender submissions will consist of:-
a. A schedule of rates that will be used to calculate the agreed price during stage 2.
b.A price for assisting the client with design development and buildability expertise during stage 2.
c. Contractors OHP
A preferred contractor is then appointed to assist with developing the design further.
58
What is returned in the first stage of tendering
The tender price (incl Prelims, OHP)
Programme
Proposed sub contractors
59
What is two stage tendering
Stage 1
Client tenders the work based on an outline scope of the works, which is not yet fully designed (RIBA Stage 2-3)
It enables designed and tendering to overlap and bringing the contractor on early enables early contractor input
Stage 2
The Main Contractor then negotiates the remaining information, to enter a contract
60
When is two stage tendering used
Used on complex projects where employers requirements haven't been fully defined
61
What is returned in the two stage tendering
Prelims
OHP
Team quality
62
What are the advantages of two stage
Earlier contractor input meaning
a. they can help identify and manage risk
b. there is potential for an earlier start on site
The Contractor joins the team on a PCSA
63
What is a Pre Construction Service Agreement
Contractor is required to carry out certain services prior to the building contract.
Generally used in a two stage design and build procurement process
These services usually involve the development of the design.
64
How does a Pre Construction Services Agreement Work?
Explicit agreement for a schedule of services with payment dates
The contract terms and conditions apply and how to disengage.
65
What are the disadvantages of two stage
Additional pre construction fees for main contractor involvement
Parties may not agree the contract sum, so there is a risk of retendering
66
What is the purpose of two stage tendering
Following development of design to a defined stage, a formal negotiation process is undertaken in stage 2 to agree
a. the final price
b. contract conditions
c. programme
67
When should 2 stage tendering be used
Complex building
If early completion is required
Where design team want input regarding buildability
68
What is negotiated tender and when may it be used
The client has a preference to appoint a particular firm and negotiates with one contractor
Where the client/contractor have an existing relationship
69
How does negotiated tendering work
There is no competition as only one contractor is invited to tender
Contract sum is negotiated
A schedule of rates or prices from previous projects can be used to agree a price
70
What is serial tendering
Contractors are asked to bid for a project on the basis that is they complete the initial project well, other similar projects will follow and same bill rates will apply
71
What form of tendering is best suited for a traditional procurement
Traditional projects are generally advanced to a greater level of design detail before going to tender
As the contractor is therefore not responsible for the design, it generally supports a single-stage tender.
72
What form of tendering is best suited for a design and build procurement
A two-stage tender can benefit from a contractor’s understanding of the project, so that they can positively influence the design.
A contractor will be part of the final stages of design before a contract sum is agreed and awarded. They
can often be appointed under a PCSA.
73
What form of tendering is best suited for construction management/management contracting
procurement
Two-stage tendering strategy is useful where a quick start on site is required, as tendering and design can be overlapped.
74
What do you have to consider when assessing a suitable tender period
The complexity of the project
The size of the project
Time of year (e.g. Christmas period)
Market conditions.
75
How would you determine the duration of the tender period
It depends on the procurement process and size of the project.
A. If a traditional procurement route with a BoQ is being adopted then I would usually allow around a month in order for the MC to obtain pricing information from their sub-contractors.
B. For large complex schemes the tender period would need to be longer.
C. If the tender is the first stage of a two stage tender then the tender period may be a shorter duration of 2-3 weeks.
D. It is better to ensure there is sufficient time so contractors can price the project correctly rather than rush and encourage contractors to price a high risk element into the tender.
76
What may the tenderers do if the programme is too tight for a reasonable tender period
If tenderers are not given enough time to properly consider and price the project, then the tender may be either artificially low (due to the contractor missing important information) or artificially high (if the contractor deems there to be too much risk attached to the project).
77
What do you issue to a contractor at the initial outset of a 2 stage tender?
Enquiry letter, Project Information Schedule and Pre Qualification Questionnaire
78
What should the enquiry letter address?
The return date and address for the pre qualification questionnaire
What information has been issued
How long it will be open for consideration
Key contact
79
What is contained within a project information schedule?
Site Location
Approx Value
Intended project duration
Intedned procurement route, form of contract and SOA
Requirements of bonds and guarantees
Insurance requirements
80
What is included in the PQQ
A. Details of contract particulars.
B. Company turnover/financial standing
C. Previous relevant experience and references.
D. Company accounts.
E. Management and organisational structure.
F. Health and safety records.
G. Quality systems and environmental policy.
H. Provision of bonds, warranties & PCGs.
81
What is included the PQQ scoring matrix
(Example is DPL6)
PRICE
a. Contract Sum
b. Passivhaus design
Quality
a. Programme
b. Team
c. Design and Quality Management
d. Social Value
82
What considerations need to be taken into account before the tender documents are structured and
produced?
Client's internal processes to be included in the tender
Land ownership issues
Non-working times
Third party agreements
Has phasing the project been properly set out in the project information
83
How would you put together a set of tender documents
1. ITT
2. Instruction to tenderers. This would include
a. Date and time to return and to whom
b. Scoring matrix
c. Conditions of the proposed contract
d. Pricing doc
e. Spec
f. Drawing
g. ERs
h. H&S info
i. Form of tender
84
What is the form of tender
a. A formal statement for the tenderer to fill in the spaces
b. The tenderer provides their name, address and the sum of money for which they offer to carry out the works for
85
What are the ERs
a. They set out the client’s requirements including the function, size, accommodation and quality requirements of the project.
b. They normally include the current state of planning permission.
c. It should also detail the level of design, structure and specification information to be provided by the tenderers.
Their level of detail depends on how much design development has been carried out prior to tender.
86
What are the CPs
The contractor’s response to the Employers Requirements.
a. They are the key documentation for the client to consider at the tender review.
b. They often include plans, elevations, sections and typical details.
c. Layout drawings and specification for materials and workmanship are also provided.
87
What is typically returned as part of a tender submission
Completed form of tender
Tender sum analysis
Programme
Proposed team
Insurances and certificates
Previous projects
Prelims
OHP
Method Statement
88
What does a construction programme typically include
Finalisation and agreement of Contractor’s Proposals
Mobilisation period and activities
Construction Activities
Testing & Commisioning
O&M Manual and handover procedures
89
What is typically included in the contractor's organisation/team
A diagram showing the Tenderer’s proposed Project Team
CVs of Senior Management and Site Based staff
90
What evidence of insurances are usually provided during a Single Stage tender submission
PII
Employer's Liability
Public Liability
91
What is included in a method statement
Access to the site for material delivery
Approach to undertaking the works
Noise control to minimise disruption
Proposed Site Waste management strategy
92
What is included in health & safety plan
Key Health & Safety risks foreseen on this project are to be mitigated
Personnel repsonsible for H&S policy implementation
93
What is the procedure for when tenders are returned
Client and design team should be invited to tender opening
Tender opening form should be used and another professional should be present to witness
Each tender should be opened and the general raw information noted on the tender opening form
Tender opening schedule should be signed and dated by all parties present
94
What information should be noted on the tender opening form
The tender price (perhaps split into preliminaries, overheads and profit and prime cost)
The proposed programme
Any key comments/exclusions
Any alternative tender offers
A confirmation that all documents have been submitted or not.
95
What is the course of action if tenders are returned late
Once the due date and time elapses, no other tender returns should be considered as part of the opening
process
Clients should be advised which tenders were late and if they wish them to still be considered then they must provide explicit instruction to do so
96
What course of actions should be taken if any errors are found
Allow the contractors to correct their error
or contractors to stand by their price
97
What if there is another significant error or conflict discovered within a tender submission
If it cannot be resolved then the tenderer must be informed that they will be discounted from the tender process
If it can be resolved then the tenderer must confirm this in writing.
98
What is normalisation
Equalisation/normalisation is a process so that tender returns can be compared on a like for like basis
99
What methods/techniques can be used to normalise a tender
Use an average of the submitted costs
Use the highest price from the tender returns
Use the cost plan allowance for that element
100
What do you do if a particular rate or cost is very high or low?
The tenderer’s attention should be drawn to the
item and they should be given a chance to confirm or
explain the apparent disparity
There is a duty to make tenderers aware of anything that seems to be an error.
101
What best practice could be implemented to aid the equalisation/normalisation process
Use bill of quantities or a pricing schedule so that a comparison can be carried out
102
What other items could be checked within returned tenders
Insurances are like-for-like
All qualifications and assumptions have been carefully reviewed
Agreement to Employer's Ts and Cs
103
When should post tender Interviews be conducted
Once the initial queries and normalisation process has taken place, as these analyses help to inform the tender interview process
104
What is the purpose of Post Tender Interviews
Chance to properly understand the tenderer’s proposals and raise any in-depth queries that could not be practically answered by correspondence
105
What are the best practices for tender interviews
If any significant information that comes out of the tender interviews could change the whole basis of the tender, then the other tenderers should be given the same information and given a chance to respond accordingly.
106
What is the best practice for tender scoring
t is imperative that the proposed scoring mechanism is disclosed in the instructions to tenderers document and that this process is adhered to.
107
What considerations must be taken on board when deciding on a scoring mechanism?
The split between quality versus price will be dictated by a number of factors which could include whether the tender is single, two stage or negotiated, the complexities of the project and the chosen procurement route
