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RICS APC Technical QS > Case Study Questions > Flashcards

Case Study Questions Flashcards

1
Q

What was the contract type?

A

Build only - NEC3 option A – Fixed priced activity schedule

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2
Q

What Procurement Route?

A

Traditional – Build only – Single stage tender

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3
Q

What Secondary Clauses?

A

X4 PCG, X7 delay damages, X16 retention

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4
Q

What Value?

A

£1.9million

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5
Q

What Duration?

A

6 months

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6
Q

How many CE’s?

A

3/4

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7
Q

When did you join the project?

A

Just before contract award

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8
Q

Size of the site?

A

15,000m2

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9
Q

What was the scope?

A
  • Ground remediation - treatment of contaminated soil for reuse
  • Site clearance - vegatation
  • Management of contaminated material - asbestos
  • Excavation
  • Install capping layer across the site
  • Temporary site fencing
  • Removal of existing boundary fencing
  • Installation of permanent palisade boundary fencing
  • Installation of a retaining wall
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10
Q

What were your responsibilities?

A
  • Organise and chair risk reduction meetings based upon early warnings that had been raised
  • Raise early warning notifications when required
  • Assess application for payments and issue payment certificates
  • Manage and forecast costs throughout the project
  • Raise change request forms
  • Assess compensation events and quotations
  • Advise the project manager on administering the contract
  • Advise the project team on the forms of communication that we should adhere too
  • Advise the project team on procurement options for additional works
  • Collate contract documentation including warranties and the Parent Company Guarantee (PCG)
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11
Q

What were the key risks and constraints on the project?

A

The project itself is not complex in design but there are elements to the delivery that should be highlighted:
• Contaminated land and compliance with a remediation strategy
• The contractor will have no design responsibility (apart from the design for temporary works)
• The contractor must adhere to the Construction Logistics Plan when accessing the site.
• Party wall/Border with Non-TfL Land
• Time dependencies from other packages of works

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12
Q

Who was the client?

A

The project manager acting for TfL

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13
Q

Who was the designer?

A

Separate Designer

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14
Q

Who was the contractor?

A

Main contractor constructing the works

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15
Q

Who was the principal designer?

A

Separate Designer

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16
Q

What is an activity schedule

A

A list of activities prepared by the Contractor which he expects to carry out in Providing the Works. Each activity is priced and them combined is the total of the prices.

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17
Q

Why didn’t the contractor create the activity schedule?

A

The NEC is silent on who creates the list of activities – but it is the contractor who prices it. Only the guidance note states the contractor should form the list, but this isn’t contractual so anyone can form the list.

As part of the design contractor the designer provided an activity schedule to align with the project requirements. This was used as part of the tender documents. The contractor had the option to change or expand activities as part of their tender.

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18
Q

Why did you advice the PM to agree to a change to the activity schedule?

A

Contractor at greater risk of insolvency

Explained to the PM that this would change TfL cash flow which they understood.

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19
Q

What did the other bidders do?

A

All the bids priced the activity schedule they were given and did not alter them so it did not affect the tender evaluation

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20
Q

How did you change the activities?

A

Activities with larger payments that were not paid until the end of the works were broken down.

Made sure to not include quantities and broken it down into activities and areas so that completion could not be misinterpreted.

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21
Q

What mechanism is there for changing the activity schedule contract under NEC3? What did you do?

A

The issue this change raises is the NEC3 contract does not have a contractual mechanism for implementing a change to the activity schedule without changes to a planned method of working.

Both parties signed a deed of variation in order to change the activity schedule.

I consulted with legal to ensure this was correct.

The deed detailed that the new activity schedule will be used going forward.

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22
Q

Under what circumstances can the activity schedule change?

A

Acceleration (clause 36.3)
By a change in the sequence of working (clause 54.2):
By the implementation of a compensation event (clause 63.12)

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23
Q

What clause defines the activity schedule?

A

11.2 (20) - The Activity Schedule is the activity schedule unless later changed in accordance with this contract.

In italics means the activity schedule in the contract data part 2

24
Q

What is clause 54.1?

A

Definition of what the activity schedule isn’t - Information in the Activity Schedule is not Works Information or Site Information

25
Q

How are payments made under option A?

A

The sum due to the Contractor in each assessment period is the Price for Work Done to Date which under Option A is defined at 11.2 (27):
The Price for Work Done to Date is the total of the Prices for

  • each group of completed activities and
  • each completed activity which is not in a group.
26
Q

What would you do differently next time?

A

A key lesson I learnt is the importance of the activity schedule when payments are made to the contractor. The instructions to tenders’ documents had indicated that the activity schedule could be broken down further. However, as this was a substantial document the bidders could have easily overlooked this when completing the activity schedule.

Could have not provided an activity schedule or explicitly stated that the activity schedule is to be formed by the contractor.

27
Q

What was the value of the temporary road?

A

Approx £400K – used temp mat system brought change down to £230k

28
Q

What percentage of the overall value was this?

A

12%

29
Q

What are the rules on public procurement in terms of variations?

A

Utilities contract regulations 2016 - Regulation 88 - states that cant vary more than 15% and does not alter the overall nature of the contract.

30
Q

What is the threshold for publishing in OJEU and when do the UCR 2016 apply to contracts?

A

Only for contracts over threshold for works - £4,7m

£380k services

31
Q

What are the procurement rules under the threshold?

A

Still must be published in in contract register.

32
Q

What are the utilities contract regulations 2016?

A

The Utilities Contracts Regulations 2016 implement the 2014 EU Procurement Directive on Utilities Contracts.

33
Q

What are The Public Contracts Regulations 2015?

A

The Public Contracts Regulations 2015 implement in England and Wales the new EU Directive 2014/24/EU on public procurement.

34
Q

Opportunities must follow OJEU

A
  • A PIN is placed in OJEU at start of year to indicate what projects coming up. (not compulsory but reduces tender period from 35 days if required)
  • Once the project is available to tender a Contract Notice is placed in OJEU providing further details
  • Once the contract has been awarded a Contract Award Notice must be published in the OJEU within 48 days of award
35
Q

What is a call off contract?

A

Call off contracts are individual contracts that fall under framework agreements.

A call off contract will set out the terms and conditions for specific purchases on framework agreements

36
Q

What is a framework?

A

A procurement framework is an agreement put in place with a provider or range of providers that enables buyers to place orders for services without running lengthy full tendering exercises. Frameworks are based on large volume buying.

37
Q

What are the advantages of frameworks?

A
  • Preferential costs and rates pre-determined.
  • Repeat work
  • Collaborative
  • Build up a relationship
  • Speed to implement
38
Q

What are the disadvantages of frameworks?

A

Costly to set up if not then utilized Contractors performance may drop

39
Q

How are frameworks covered under the regulations?

A
  • Years maximum term for a framework
  • Equal treatment of parties on a framework
  • Award each contract as determined by the framework agreement
40
Q

Why didn’t you get the southern sidings contractor to install the road?

A

The road was needed to access site, as the southern siding was on the critical path it meant that it would mean the start date was delayed.

41
Q

How do you define good value?

A

Best value for money is defined as the most advantageous combination of cost, quality and sustainability to meet customer requirements

42
Q

What was the end result?

A

The southern sidings works was re-sequenced when covid-19 stopped works meaning the road wasn’t needed. This meant the road was halted just as the work was agreed to take place.

43
Q

Why was the mat system chosen?

A

Cheaper alternative that was fit for purpose brought the value below variation threshold

44
Q

What are schedule of rates?

A

Costs agreed as part of a tender or framework that can be applied to form a price

45
Q

How did you contractually continue the works?

A

Asked contractor to submit a quotation, once agreed this was accepted, works information was updated and contract end date amended to allow for the additional time.

46
Q

What did you learn from this temporary road issue?

A

A key lesson learnt is to compromise where possible and understand the needs of the client.

understanding the procurement timelines meant I could advise this route would delay other subsequent packages of works

47
Q

What would you do again differently?

A

Pre planning before works began to include possible variations or changes within a contract and get prior approval for expenditure.

48
Q

What would you advise the client if contractor became insolvent?

A

The employer may terminate for any reason under NEC3 under clause 9 - final certificate within 13 weeks

If the contractor is insolvent the employer may terminate and pay a third party to complete the works. It can also instruct the contractor to leave the site, assign the benefit of subcontracts.

Also take ownership of any equipment or plant to which he has title under clause 7.

49
Q

What would you advise the client if you thought the contractor might become insolvent?

A

Making sure only pay for work completed

Extra vigilant to contractors behaviors.

50
Q

What checks at tender are done to ensure the they are in good financial state?

A

A Dun and Bradsheet report detailing financial health of firm

51
Q

What are the signs of insolvency?

A

May delay paying bills or staff or both.

Work on site may slow or grind to a halt.

52
Q

What would you do after insolvency?

A

Appoint a new contractor - potentially used existing sub contractors
Look to make a claim using Parent company guarantee. if the contract was longer more likely to have performance bond.

53
Q

What guarantee of workmanship did the contractor offer for the mat system?

A

Reasonable skill and care in installation,

If it did not perform would claim from manufacturer.

54
Q

How did you ensure the price was reasonable?

A

I used the product details to check prices against other suppliers.
Benchmark against previous projects
Informed suppliers it was for price checking and not for purchasing.
Contractor provided invoice of costs.

55
Q

What types of insolvency are there?

A

Voluntary Liquidation
Compulsory liquidation
Administration
Bankruptcy

56
Q

How much is due on termination? if employer? if contractors default?

A

1.) Payment for work completed to date
Forecast defined cost removing equipment
Assessed not based on grouped activities

2.) Contractor not paid to remove equipment
owes employer cost to complete the works

RICS APC Technical QS (8 decks)

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