4B: Pre-Contract and Tendering Flashcards

1
Q

What is the process once you have had tenders returned to you?

A

Assess each tender based on quality vs price (different jobs may have different weightings); check for errors; reply to tenderers whether they are unsuccessful or not (list tenderers at end but anonymously)…. refine this answer. You have to remain unbiased and keep results anonymous.
In public sector, there are more strict rules and more weighting on cost.

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2
Q

What is included in the tender package?

A

A tender package includes both documents and drawings, such as:
- a tender invitation letter,
- drawings,
- BoQ,
- the specification,
- the form of tender / contract
…and sometimes the designer’s risk assessment

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3
Q

What is contained in a tender report?

A

A tender report is produced by the QS and outlines the process and the results. They include…

  • form of tendering used
  • list of tenderers
  • range of tender prices
  • note of any obvious errors and modifications
  • amendments to the tender during tender period
  • recommendation
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4
Q

What are restrictions on local authorities in the tender process?

A

Even considering quality, local authorities have to select the tenderer with the lowest price.

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5
Q

How do LPAs go about tendering?

A

Depending on size of the project… Find a Tender Service (previously OJEU), framework agreements (whereby contractors tender to be on the framework, and if accepted they don’t have to do any further tendering for particular jobs - they are just allocated work by the LPA), invitation to tender via BALI (same as private sector)

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6
Q

On a small landscape design scheme how would you go about preparing the bill of quantities and the specification?

A

If the project is not large enough to warrant appointing a QS, you as a landscape architect would need to estimate the quantities of materials required, time needed (and subsequent cost implications), labour and other factors.
This could be aided by SPONS book, and previous experience in similar projects.

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7
Q

What is a specification?

A

A specification is a document usually prepared by the designer that describes the materials and workmanship required for a development.
It does not include cost, quantity or drawn information, and so needs to be read alongside other information such as a bill of quantities, schedules and drawings.
It can either be a performance specification or descriptive.

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8
Q

What is a bill of quantities, and what does it typically contain?

A
A Bill of Quantities (BoQ) is a document used in tendering in the construction industry in which materials, parts, and labour (and their costs) are itemized. 
It typically contains:
- preliminaries
- measured works
- prime cost and provisional sum
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9
Q

How would you select a list of tenderers if working in an unfamiliar region?

A

Ask colleagues for recommendations, check BALI website, see if clients have any recommendations

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10
Q

What factors would you consider when deciding on the most suitable tendering method?

A

The degree of cost certainty, quality, time efficiency that the project / client requires.
The tender method may be determined by the chosen procurement method - e.g. framework agreements.

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11
Q

The client has asked you to provide a shortlist of contractors for a construction project. How would you go about finding suitable contractors?

A
  • If I had experience working with some suitable contractors I could recommend them based on past experience
  • ask colleagues, other professionals and other clients if they had any recommendations
  • Check the BALI website to find any local contractors that could be suitable
  • If public sector: framework agreement
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12
Q

How would you ensure a contractor was suitable for a project?

A

Firstly, check their QA and health and safety procedures and also check their financial standing and resources.
I can then request references, ask questions, and request a portfolio of recent similar projects.

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13
Q

What are the different tendering methods?

A

Open tendering: any contractor can submit a tender, following advertisement of the tender

Selective tendering: Contractors can submit a tender by invitation

Negotiated tendering: One contractor is approached directly, and submits a tender following negotiation

Serial Tendering: Contractors can submit tender for a series of similar, minor works projects

Framework Tendering: allows shortlisted contractors (signed up to the framework agreement) to bid for projects over a fixed period of time.

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14
Q

What is single-stage tendering?

A

Single stage tendering is the more conventional process - tenders are sought based on tender documents and production information (all information required to calculate a price), assessed and then a contractor is appointed using defined criteria, such as cost and quality.

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15
Q

What is two-stage tendering?

A

Two-stage tendering is used when the early appointment of a contractor is necessary. The design will not be developed enough for the contractor to fully price.

First stage:

  • similar to single-stage tendering, except with less information provided
  • preferred bidder selected (“limited appointment” - appointment dependent on the second stage of the tender)based on their proposed programme, method statement, preliminaries pricing etc.

Second stage:

  • Negotiation between the client and the preferred bidder
  • design team and contractor finalise design
  • contract sum only established at the end of the second stage
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16
Q

When might a two-stage tender process be used?

A

For projects with time constraints: for example, design and build contract for a new school.

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17
Q

What is the process for open tendering?

A
  1. project is advertised - for example on the government’s new find-a-tender portal, which has replaced OJEU for UK projects since Brexit.
  2. Anyone in the European market can tender
  3. tender selected on price - the most economically advantageous tender
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18
Q

When would you use a negotiated tender?

A

When there is already a working client/contractor relationship, and a specialist service is required.
Negotiated tendering can either be one or two-stage.

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19
Q

Pros and cons of single stage selective tendering?

A

Pros:

  • Reduces abortive costs involved in estimating
  • All tenderers will be capable of works

Cons:

  • Higher cost involved as it is a more onerous process
  • no negotiation, therefore its less flexible
  • increased design team input
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20
Q

Pros and cons of two stage selective tendering?

A

Pros:

  • flexible process
  • scope for value engineering
  • reduced costs of changes to the contractor

Cons:

  • high bargaining power of the approved stage one contractor
  • no obligation to award the contract to the approved stage one contractor
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21
Q

Pros and cons of open tendering?

A

Pros:

  • Competitive prices
  • eliminates favouritism and attracts new companies

Cons:

  • can result in inexperienced or unsuitable tenderers, or who may be financially unsound
  • admin process expensive for tenderers and client
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22
Q

Pros and cons of negotiated tendering?

A

Pros:

  • early appointment of contractor
  • cost savings due to contractors expertise
  • established relationship benefits

Cons:

  • higher price of tenders because they pre-empt negotiation, and there is less competition
  • design uncertainty, therefore cost uncertainty
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23
Q

What can you do if an error is discovered in a returned tender?

A

Either offer the contractor confirm or withdraw, or confirm or amend.
Confirm or withdraw: usually for public sector procurement due to the tender price not being able to change. If they withdraw, the next cheapest returned tender will be selected.
Confirm or amend: correction of tender price will be permitted. If amended, they can still be successful if their amended price is still the lowest.

24
Q

What is the tender process?

A

fill out

25
Q

What is the production information?

A

Essentially, the same as contract documents: qualitative information such as plans and drawings, and quantitative information (the BoQ and specification)

26
Q

What is the difference between a descriptive specification and a performance specification?

A

Descriptive specification = describes the quality of materials or workmanship described, such as the material, dimensions, finished and construction methods. Can include specific products, such as make and model of benches.

Performance specification = only describes the desired result, such as a bench.

27
Q

What would you have to consider when specifying materials and products?

A
  • aesthetics
  • cost vs budget
  • availability and lead times: especially relevant at the moment
  • compliance and certificates, eg. BS, BREEAM, security
28
Q

What is the purpose of a bill of quantities?

A
  • enables tenders to be submitted based on the same information
  • assists the contractor in selecting material and labour etc
  • it forms the basis for valuing alterations
  • assists in preparing interim valuations and future estimates
  • important link between design and construction
  • used as a cost estimate pre-tender
29
Q

What is a bill of quantities?

A

It is essentially an itemised list of materials and parts required for a construction project.

30
Q

What are the contents of a bill of quantities?

A

Preliminaries (sets out contractors working arrangements) and the measured works (quantities summarised from drawings and the specification.

31
Q

In a bill of quantities, what is the prime cost, provisional sum and contingency sum?

A

Prime cost = an exact sum for works when details are known at tender.

Provisional sum = This is estimated by the QS in the BoQ when works cannot be accurately quantified at tender stage. This could include works below ground, whereby conditions are unknown. Defined provisional sums - risk carried by contractor. Undefined provisional sum - client carries risk. EOT and additional costs can occur.

Contingency sum = sum allowed for unforeseen works, sometimes a specific percentage of the tender cost (e.g. 2.5 or 5%). This can be released with authority of the QS or contract administrator.

32
Q

What takes precedence if there is a discrepancy between the production information?

A

For discrepancies between the BoQ, specification and qualitative information, it depends on the contract. Normally BoQ. Corrections resulting in changes to rates or quantities will result in a variation. Contract administrator will decide which takes precedence if there are no priced work schedules.

33
Q

Is a BoQ always required?

A

No - in some cases, bill of approximate quantities, schedule of works or schedule of rates can be used/

34
Q

What is the role of the contract administrator?

A
  • Advise client
  • prepare contract docs
  • advise on contract responsibilities
  • chair pre-start and progress meetings
  • contract administration throughout construction phase
  • visit site to check progress
  • issue instructions and carry out variations
  • consider any claims
  • collate schedule of defects
  • issue progress and payment certificates
35
Q

What is the overview and key principles of ‘pre-contract and tendering’?

A
  1. technical design
  2. procurement strategy
  3. tendering process: e.g. selective / open
  4. post-tender period
36
Q

Which RIBA work stage covers detailed design to production information?

A

Work stage 4: technical design.

37
Q

When submitted documents for tender, what technical design information may be included?

A

check difference between illustrative and qualitative information

38
Q

Depending on the level of detail and form of procurement, what types of specification may be used?

A

Either a descriptive specification or a performance specification.

39
Q

What regulations should you be aware of when producing technical specifications for public contract documents?

A

Public contract regulations

40
Q

What are preliminaries, and give some examples?

A

These are works that are priced by the contractor, for work not covered elsewhere in the tender documents. Preliminaries form part of the BoQ, and can include things like:

  • access
  • site security
  • statutory approvals
  • site meetings
  • dayworks
41
Q

What are dayworks?

A

Dayworks are when a contractor is paid for instructed work based on the cost of labour, materials and plant (plus a markup for overheads and profit). These cannot be priced in the BoW.
It is generally used when work cannot be valued in the normal way… e.g. when there are no comparative rates in a bill of quantities and a pro-rata method of pricing cannot be used - such as unforeseen works.
This method of pricing can be open to exploitation, so it is advisable to put monitoring and controlling procedures in place.

42
Q

What alternatives to the BoQ exist?

A
  • Bill of approximate quantities…used early in the design process before design is finalised
  • Schedule of works… when a contractor quantifies and prices work, based on specification and drawings
  • Schedule of rates… when work required is not known at the outset.
43
Q

What are the pros and cons of a schedule of works?

A

pros:

  • firm price lump sum
  • contractor produces measurements so less risk to client

cons:

  • design must be reasonably well advanced
  • variations can be difficult to agree with contractor
  • more difficult to compare tenders
44
Q

What is the role of a quantity surveyor?

A

It is the QS’s role to…

  • Prepare the BoQ
  • Prepare pre-tender estimates
  • Check tenders and produce tender report
  • Advising on general financial aspects of the project
  • Involved in any change in design (variation) during the construction phase
  • measuring works carried out on site and periodically valuing all material on site
  • Produce monthly cost reports
  • Agree the final account
45
Q

What is included in a tender report?

A
  • Statement of what the project comprises
  • form of tendering used
  • list of the tenderers and, if necessary, any that have withdrawn
  • the range of tender prices
  • the quality assessments, if applicable
  • A note of any obvious errors
  • amendments, if applicable
  • comment on current rates in the market
  • reccomendations
46
Q

What would inform your tender decision?

A

In theory, the lowest tender should win (even in private sector) as all tenders should in theory be suitable - this is ensured through the form of procurement and tender method and tender shortlisting. However, on projects whereby quality is a priority, it may be better to recommend tenders that stand out for quality and experience…

47
Q

What happens once a tender report and recommendation to the client has been made?

A

The offer from the selected contractor is accepted - signed in writing. The acceptance of their offer initiates the contract.
Unsuccessful tenderers are informed, and given feedback. Tenders can be listed in alphabetical order and with price in ascending order but without names.

48
Q

Where would you refer to for further information for guidance and model forms for the tendering process?

A

Jct tendering practise note… are there others?? CHECK

49
Q

What is a pre-qualification questionnaire (PQQ)?

A

In a single stage tender process, this is used to prove the capability of each tenderer. It includes things like… experience, management structure, competence and resources, and environmental credentials.

50
Q

How could you put together a list of potential tenderers for a client?

A
  • previous experience, ask colleagues / associates in the profession or other clients, look at client’s previous preferred contractors, check BALI website
51
Q

Explain the tendering process?

A
For a selective, single-stage tender:
Tenderers are shortlisted
selection questionnaire
invitation to tender
tender return: check tenders
tender report and recommendation
52
Q

What is included in the invitation to tender documents?

A

There is a form, setting out the project and location, drawings listed, specification and bill of quantities. WHAT ELSE

53
Q

What is involved in the tender return stage?

A

Contractor submits a priced BoQ
tender returned without 28 days for private sector, 40 for public
formal opening procedure with witnesses (usually 12 noon)
late tenderers rejected
QS examines to detect erros prior to acceptance
QS scores cost.

54
Q

What happens if errors are found by the QS in the tender return?

A

The QS would notify the CA, who would then notify the tenderer with the option to either confirm or withdraw (public sector) OR confirm or amend (private sector)

55
Q

What should a tender report contain?

A
  • Statement of what the project comprises
  • form of tendering used
  • list of the tenderers and, if necessary, any that have withdrawn
  • the range of tender prices
  • the quality assessments, if applicable
  • A note of any obvious errors
  • amendments, if applicable
  • comment on current rates in the market
  • reccomendation