Procurement & Tendering Flashcards

1
Q

What is Procurement?

A

How the services of a contractor are purchased

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2
Q

What is Tendering?

A

How the successful contractor is selected

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3
Q

What are the different forms of Procurement?

A
Traditional lump sum
Traditional re-measurement
Design and Build
Construction Management
Management Contracting
Frameworks
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4
Q

What are the different forms of Tendering?

A

Open
Selective single stage
Selective two stage
Negotiated

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5
Q

What is serial tendering?

A

It combines competitive and negotiation
Client procures a project with contractor in a competitive way and includes in tender docs the rates for future works, these then form the basis of negotiations on future projects

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6
Q

What is Two Stage Tendering?

A

It separates the process of selecting a contractor from the process of determining the price of the works.
First stage is used to agree prelims, over-head and profit, programme.

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7
Q

What can the first stage appointment be based on?

A

Pre-construction and construction programmes
Method statements
Prelims
OH&P
Schedule of rates to be applied to stage 2
Agreed design fees
CVs of proposed staff
Agreed contract conditions for the second stage

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8
Q

What is a PCSA?

A

Pre-construction services agreement
A way for clients to employ contractors before the construction contract commences
Used to appoint contractors for stage 1 of a 2 stage tender

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9
Q

Why does Design and Build procurement appeal to clients?

A

Because it gives a single point of responsibility for the entire project

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10
Q

What services do contractors commonly provide under a PCSA?

A
Design
Buildability advice
Advice on packaging of works
Appointment of specialist sub-contractors
Cost planning
Programming
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11
Q

What should be included in a PCSA?

A

JCT publishes 2 standard forms of PCSA, one for general contractors and one for specialists
Scope of services
Any design liability
What happens to design liability of the contractor is not appointed for the second stage
Set out method for payment
Appendix setting out all tender items to be applied to the construction contract
A statement that there is no obligation to proceed to the construction contract

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12
Q

What are the advantages of 2 stage tendering?

A

Allows client to transfer design risk to contractor
Client gains buildability advice
Client gains cost certainty
Client gains programme certainty

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13
Q

What are the disadvantages of 2 stage tendering?

A

Client loses leverage as the contractor becomes embedded in the project team and competition for the second stage reduces.

NB. Whilst tender prices for 2 stage projects may be initially higher than single stage (which are subject to full competition) the final account tends to include fewer variations and claims, due to early engagement and collaboration.

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14
Q

How do you deal with Errors in a Tender Return?

A

It depends on which alternative is selected from JCT practice note 6 (2017);
Alternative 1 - confirm or withdraw
Alternative 2 - Confirm or amend

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15
Q

What is the difference between Management Contracting and Construction Management?

A

In construction management the client is in direct contractual relationships with the trade contractors, the construction manager is not.
In management contracting the client is in a contractual relationship with the management contractor, who is in contractual relationships with the trade contractors

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16
Q

What is PAS 91?

A

Publically Available Specification 91 - provides a government standard for public procurmenet. Sets out content, format and use of questions used for construction procurement.
Government standard for construction related procurement.
It is mandatory for central government projects and recommended for others

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17
Q

In a Construction Management contract, who takes the risk for trade contractor performance?

A

The client

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18
Q

How is a Construction Manager likely to be paid?

A

Based on reimbursable costs + an agreed pre and post contract fee

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19
Q

When would a remeasurement contract be used?

A

When the works can be described in reasonable detail but the extent cannot. Usually civils.

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20
Q

What would you include in a Pre-Qualification Questionnaire

A
Details of Contract Particulars
Company Turnover
Relevant Experience and References
Company Accounts
Key Staff
Management and Organisational Structure
Health and Safety Records
Quality Assurance Systems
Provision of Bonds / Warranties / PCGs
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21
Q

Where would you find information on what to include on a PQQ?

A

The RICS provide a template for PQQs

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22
Q

What are the Contents of a Tender Pack?

A
Invitation to Tender
Instructions to Tenderers
Certificate of Bona Fide Tender
Scope of Works
Tender Drawings and Specifications
Programme Requirements
Environmental Considerations
Commercials
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23
Q

What are the Contents of a Tender Report?

A
Executive Summary
Introduction
Lists of Tenders Received
Tender Period
Initial Tender Return Totals
Any Qualification Identified
Post Tender Adjustments
Revised Tender Sum
Issues to be Resolved
Tender Returns V PTE
Recommendation
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24
Q

How would you carry out a Tender Analysis?

A

Arithmetic check for errors
Check ageist PTE and current budget
Look for missing scope, exclusions, provisional sums
Resolve any errors against the JCT Practice Note 6 Alternative selected
Conclusion forms the basis of recommendation to client

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25
Q

How do you equalise tender returns?

A

The mean of the other tenderers
The highest of the other tenderers
Cost plan rate

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26
Q

What factors effect choice of Procurement Route?

A
Nature of the project
Scope of works
Measure of control by client
Level of experience of client
Accountability
Appointment of a contractor
Requirement for cost certainty
Start and completion dates
Post contract change
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27
Q

How will the chosen procurement strategy affect the project?

A

The client’s exposure to financial uncertainty
The client’s level of control over the design
The extent of the design required at tender
The level of information require in order for construction to commence
Contractor involvement in design
The project risk profile

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28
Q

Why is it important to continually review the procurement strategy?

A

Because the client’s attitude to risk may change over time as some risks materialise

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29
Q

How would you decide on the length of tender period?

A
JCT Tendering Practice note
Complexity
Size
Time of the Year
Market Conditions
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30
Q

What do Construction Management services include?

A
Procurement advice
Advising on appointments
Advising on buildability
Defining KPIs for trades
Cost planning and cost control
Preparing a construction programme
Identifying trade contractors
Tendering trade contracts
Arranging site accommodation
Arranging labour
Co-ordinating trades
Collating as-built information
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31
Q

What forms of contract can be used for design and build?

A

JCT
NEC
ICE
GC Works

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32
Q

What is contained in the JCT Tendering Practice Note?

A

A general commentary of tendering practices and procedures for public and private sectors
Model forms compiled by JCT

33
Q

What is the tender process for single stage competitive tendering?

A
Compose longlist
PQQ
Shortlist
Invitation to Tender & Tender
Submission 
Recommendation
Award contract
34
Q

What is the tender process for two stage competitive tendering?

A
Compose longlist
PQQ
Shortlist
Invitation to tender & stage 1 tender
Recommend a preferred bidder
Pre-construction phase & PCSA
Stage 2 negotiation
Award contract
35
Q

How long did you give the contractors to respond to a PQQ you have issued?

A

14 - 21 days

36
Q

What did you issue along with your PQQ?

A
A project information schedule
This described;
The employer
The tendering procedure
The programme requirements
CDP requirements
BIM requirements
Form of contract to be used
Suggested contract particulars
Amendments
PCG & Performance bonds
Criteria for pre-selection
Alternative for errors in the tender
37
Q

In a competitive tender, how many contractors would you go out to tender with?

A

3-6

or no more than 4 for D&B due to the additional work of developing the design

38
Q

How long would you allow for a tender period?

A

It depends on the complexity of the scheme and whether the contractor is required to complete any deign.
If it is a simple single stage tender with no CDP, 28 days.
If I was unsure how long to allow I would ask the contractors to recommend a tender period as part of my PQQ.

39
Q

What should you include in an Invitation to Tender?

A
A list of the documents included
The time and date for tender return
Contact point for communications
Basis of award
Mid tender interviews
Site visits
Documents to be supplied by tendering contractor
Which JCT Pricing Alternative is selected
40
Q

What would you do if a tenderer submits a qualified tender?

A

I would give them the opportunity to remove the qualification so as to make it a compliant bid, but without amending price.
If they refused the tender may have to be rejected.

41
Q

Following contract award to the successful contractor, would you issue the tender list and tender prices to the unsuccessful contractors?

A

I would issue the tender list in alphabetical order
I would issue the tender prices in ascending order
I would not attribute the prices to the names

42
Q

Tell me about Design, Build, Finance and Operate procurement (PPP/PFI)

A

A single contractor (or a special purpose vehicle) is appointed to carry out design, construction and operation of the building.
The contractor finances the project and leases it back to the client for an agreed period of time (30 years) after which it reverts to the client.

43
Q

What is a procurement route used for PPP or PFI?

A

Design, build, finance, operate

44
Q

What are the advantages of Framework Agreements?

A

They allow a client to reduce timescales, learning curves and other risks when continually commissioning construction works.

45
Q

How do tender documents become contract documents?

A

If there are no addenda then they can just be appended to the form of contract

46
Q

What is GMP?

A

Guaranteed Maximum Price
An agreement with contractor that the contract sum will not exceed a specified maximum
Typically used in D&B where contractor is required to complete design
If the GMP is exceeded the contractor bears the costs
If the cost is lower the contract should set out whether this goes to the client, contractor or is split
Pain & Gain or Target Cost

47
Q

Who takes the risk of unknowns in GMP?

A

The Contractor
Events such as exceptionally adverse weather, PS etc. all have to be included within the contractor’s GMP
This means they will usually tender higher
If these risks are priced but do not occur, client has paid for nothing
If all these risks occur the contractor will be under financial strain and may seek to recuperate costs elsewhere

48
Q

Can the Guaranteed Maximum Price change?

A

Yes it can still change due to client change, scope increase or decrease
There can be disputes around what is client change and what is not

49
Q

What is Partnering?

A

It is a co-operative relationship between business partners formed in order to improve performance in delivery of projects.
It does this by putting an emphasis on the importance of common goals.
It is not in itself a procurement route.

50
Q

What are the ways of implementing Partnering?

A

Using a traditional contract with a separate partnering charter
A 2 party contract aligned to partnering. Parties are then contractually bound to work together
A multi party partnering contract however this creates a complex legal situation

51
Q

How is risk dealt with in partnering?

A

The risks faced by both parties are made transparent at project commencement and the partners share the risks on the basis of who is best equip to deal with them

52
Q

Are you aware of any update to the JCT tendering practice note?

A

Yes it was updated in 2020
The main difference is that public and private sector procurement have been clearly split
Time for response has been updated to the current OJEU notice period; PQQ (public) has been reduced from 37 days to 30
Tender period for public procurement has been reduced from 40 days to 35

53
Q

What are the key differenced between public and private sector procurement?

A

Public:
Applies to gov. and gov. funded agencies only
OJEU applies to contracts above a certain value
Defined minimum timescales for tendering
Required to advertise on OJEU to all potential participants
Mandatory standstill period to allow unsuccessful tenderers to challenge award
Public accountability
Performance specs rather than technical specs

Private:
Applies to all non-publicly funded projects
No thresholds
Allowed to set own tender timescales
Allowed to negotiate with any potential tenderer
No standstill period prior to contract award
No requirement to select best value bid
Free to use any form of detailed tender documentation

54
Q

Why were the OJEU regulations introduced?

A

To achieve an open & competitive pan-European marketplace
To promote an efficient, non-discriminatory selection process
The achieve value for money
To achieve transparency & accountability for bidders and for the awarding body’s stakeholders
Managed well, the process should ensure effective decision making takes place

55
Q

What is a project execution plan?

A
It is usually prepared by the project manager
It usually contains;
Project overview
Specific objectives
Proposed procurement route
Project control mechanisms
Project time schedule
Project budget
Personnel and responsibilities
Evaluation methods
Potential problems
56
Q

What external factors (outside of the client’s control) should be considered when deciding a procurement route?

A
Changes to cost and availability of finance
Technological development
Changes to levels of inflation
Changes in demand for construction
Availability of specialists
Changes in legislation
57
Q

Do you know of any e-tendering services?

A

The RICS has an e-tendering service

58
Q

What are the advantages of e-tendering?

A

May be possible to reduce tender period
Reduced printing and mailing costs
Maintains an audited trail of communication

59
Q

What are the different forms of tendering?

A
Negotiated 
Selective single stage
Selective two stage
Open
Competitive
60
Q

What are the common procurement routes?

A
Traditional lump sum
Traditional remeasurement
Design and Build
Construction Management
Management Contracting
61
Q

How do you carry out a tender analysis?

A

Arithmetic check
Reconciliation to PTE
Look for missing scope, exclusions, prov sums
Resolve errors against JCT Practice Note 6
Conclusion forms the recommendation to the client

62
Q

Why did you chose a negotiation for the Visual Mock-Up project?

A

The client’s key requirement was quality. They have a relationship with a contractor who has constructed similar mock-ups before.

63
Q

What is the difference between a pricing document and contract sum analysis?

A

A contract sum analysis is used in design and build contracts

64
Q

What did you include in the tender pack for one of your projects?

A
Brede - ITT, Form of Tender, pre-construction information, pricing document, programme requirements, scope of works.
65
Q

What did you include in your façade PQQ?

A
Company accounts
Company turnover
Organisational Structure
Key staff
Relevant experience
Health and safety records
Details of contract particulars
Environmental policy
QA systems
Provision of bonds and warranties
Commercial section / market testing
66
Q

On the Visual Mock-Up project, what did you advise the client were the drawback of a negotiated tender?

A

There is less certainty that the contractors is submitting a fair market price for the works, so I had to market test some key elements of the work too. This meant that some of the time saving usually associated with a negotiation could not be realised.

67
Q

What did you advise the client were the risks of including provisional sums?

A

A provisional sum is a sum of money set aside for work that may or may not actually be carried out
The scope or spec of work is not known and therefore can not be given a firm price
Going into contract with too many provisional sums will reduce cost certainty

68
Q

What did you include in your tender report?

A
Introduction
Executive Summary
Schedule of tenders opened
Tender period
Initial tender return total
Any qualification required
Post tender adjustments
Revised tender sum
Issues to be resolved
Reconciliation to PTE
Recommendation
69
Q

Did you use a scoring matrix to make you tender recommendation?

A

The tender returns were scored from a technical perspective
However an overall scoring matrix was not used
Two tenders were over budget and of the two that were on budget, one was much better from a technical perspective. Therefore this one was recommended by the team,

70
Q

What is the difference between construction management & management contracting?

A

Construction Management - client appoints a construction manager to manage project however trade packages are let directly by client.

Management Contracting - A contractor would let the trade packages however its as and when design is ready by client and is often let on a pre-agreed cost plus OH&P for the contractor. There is often no LDs, or lump sum contract sum - often a target contract sum. Like a cost plus arrangement.

71
Q

What would you do if there are discrepancies between ERs and CPs within a contract?

A

Under clause 2.13 of JCT SBC - contractor to give notice of proposed amendment to adjust and client to confirm via written instruction

72
Q

How do you deal with errors in a tender?

A

If under JCT - ITT and instruction to tenderers should set out if option1 or 2:

1 - Stand by or withdraw
2 - stand by or amend.

73
Q

What would you include in an enquiry?

A
ITT letter
Form of tender
Contract terms
Project Info
Works Info
Design Info
Pricing document
Insurances / Bond Requirements 
Appendicies
74
Q
  1. What are the 3 types of contractor selection techniques?
A

a. Open
b. Selective
c. Single contractor selection

75
Q
  1. Tendering procedures?
A

a. Single Stage
b. 2- stage
c. Negotiated

76
Q
  1. What are the 4 types of procurement?

a.

A

Traditional

b. D&B
c. Management contracting
d. Construction management – most client risk

77
Q
  1. What are the 4 types of procurement?

a.

A

Traditional

b. D&B
c. Management contracting
d. Construction management – most client risk

78
Q

Brede: why did you recommend contractor bids for the construction and detailed design separately?

A

Improve on programme
More accurate pricing
Flexibility on pricing
Improved planning