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Procurement and Tendering > Codes of Practice > Flashcards

Codes of Practice Flashcards

LEVEL 1

1
Q

Can you tell me about codes of practices you might use when tendering a project?

A

JCT Practice Note 2017

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2
Q

What do you know about the JCT PN Notes 2017? Do you know of any other similar documents?

A

The Practice note provides a general commentary on tendering practices and procedures focusing on selective, single stage, two stage and competitive dialogue tendering procedures.

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3
Q

How would you select tenderers for a tender list (prior to issue of Preliminary enquiry)?

A

“Open Tendering : Expression of interest / advert
Selective tendering: Client may have a preference/ Design team put names forward that are appropriate for the project / have past experience with
“

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4
Q

What do we mean by the preliminary enquiry?

A

Letter sent to tenderers to confirm they are interested in tendering in the project - stops anytime wasting later on with with withdrawals from ITT etc

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5
Q

What documents need to be prepared during the preliminary enquiry?

A

Letter with the following appendicies;
1. Project informations Schedule and checklist
2. Pre Qualification Questionaire

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6
Q

What is a Project Information Schedule (PIS) and what should it include?

A

“1. the project and its estimated value
2. the Employer, the professional team and contact point
3. the tendering procedure to be used (single-stage, two-stage or competitive dialogue) and the medium (electronic or hardcopy)
4. the programme, including anticipated dates for pre selection interviews ,issue of tender documents and tender submission the requirements for Contractor’s design
5. any applicable BIM requirements
6. the Contract to be used
7. completed Contract Particulars (or their equivalent), showing the requirements (or likely requirements) for Collateral Warranties or Third Party Rights, bonds and Contractor’s insurances (including Professional Indemnity insurance, where there is Contractor’s design work)
8. any amendments or modifications of the Contractor its conditions
9. anyrequirementsforparentcompanyguaranteesorforperformanceorotherbondsthatarenotcoveredby
10. the Contract Particulars
11. mode of execution (as a deed or as a simple contract)
12. (if not specified in the Enquiry Letter) the basis and criteria for pre selection, including weightings or order of importance
13. the basis of contract award (lowest price or price and quality)
14. where award is to be based on price and quality (i.e. the ‘best value’ or ‘most economically advantageous’ tender) and where established prior to issue of the Invitation (or public notice),a list or general statement of the quality criteria and the relative weightings that will be applied to each of those criteria and to price
15. in relation to errors in priced tender documents (in a private sector procurement ) whether Alternative 1 or Alternative 2will apply”

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7
Q

What is the importance of a Project Information Schedule (PIS)?

A

It clearly sets out important information to potential tenderers including a description of the work, the location of the project, estimated cost range etc. The information provided will determine if the project is appropriate for them and if they would like to submit a tender. Having the potential tenderers know this information increases the chance of a more successful tender process.

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8
Q

What is a Pre-Qualification Questionnaire and what should it include?

A

“A Questionnaire is to establish the suitability of prospective tenderers on their record and technical capacity. It should include questions relating to the following;
1. Company Particulars
2. Financial / good standing / convictions
3. Regulatory and Compliance
4.Technical capacity, capabilities, skills and past performance”

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9
Q

What is the importance of a Pre-Qualification Questionnaire?

A

To ensure the correct contractors are tendering for a project, based on experience, financial standing and capabilities

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10
Q

Give some specific examples of questions you might include in a pre-qualification questionnaire.

A

“Corporate Particulars
- Full company name and registration number
- Principal place of business
- Contact Details
-VAT Registrations

Financial Standing
- Audited Accounts (2/3 years)
- Statement of turnover

Management and Personnel
- Companies Management Structure
- Proposed Team
- Company Policies
- H&S

Insurance
- Details of existing insurance policies / additional cover / contact details

Sub Contractors / Supply chain
- Selection and quality assurance procedures
- Supply chain management

Technical capability and record
- Recent experience and record
-Contact details for references
-Particular technical skills

Good Standing
- Confirmation that neither the compna nor any of its past or present directors etc have been convicted of any offence involvig coructions, bribery , fraud, etc.
- no material litigation or other proceedings pending
- no breaches of H&S”

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11
Q

“Generally, what time allowances would you allow as a minimum response to pre-qualification
questionnaires?”

A

“30 days from date of dispatch of OJEU notice ( Public Procurement) This reduces to 15 days in urgent cases
For straight forward projects without contractors design 14-21 Days”

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12
Q

How many different contractors might we go out to during the prequal?

A

5-10 for prequal. With a view to tender with no more than 4

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13
Q

What do we mean by the invitation to tender and tender stage?

A

Where the shortlist of pre-qualified contractors are invited to submit a tender for a project following completion of design documentation (depending on procurement route)

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14
Q

What are the different types of pricing schedules that may be issued at Invitation to Tender?

A

“Bill of Quantities
Schedule of Works
CSA ??”

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15
Q

How might tender documents be different if we are using a Design & Build procurement route?

A

The documents will only include a concept design (if pure design and build)

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16
Q

What would we include in an Invitation to Tender Letter?

A

“Tender documents
return date / adrdress / transmission
Contracts (for tender queries/ site visit)
Marking criteria, weighting etc.
Document contractor to submit;
- signed envelopes
-Form of Tender
-Contract Phase H&S Plan (CDM)
- any CP / CDP
- Master Programme
- Documents relating to contractural matters
“

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17
Q

What would we include in a Tender Form?

A

“confirmation they have examined the documents within the form of tender and the following details to fill in:
-Tender sum
- weeks (from acceptance to Date of pocession
-weeks (from dated of possession and completion)
-Signatures”

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18
Q

For CDM purposes what document do you need to send out at ITT stage?

A

Pre Construction Information

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19
Q

What is included within the pre-construction information? Who produces it?

A

“PCI is produced by the Principal Designer.
The PCI should include the following information about;
1.The project.
2.Planning and management of the project.
3. Health and safety hazards, including design and construction hazards and how they will be addressed.
Information in any existing health and safety file’.
4. Any surveys completed”

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20
Q

What is a preliminaries document? Why do we need to issue this at ITT stage?

A

A Preliminaries Document desccribes the Project as a whole including any general conditions and requirements for its execution, subcontracting, approvals, testing and completion. We need to issue the preliminaries document at ITT stage as it contains items for pricing, that are general items needed by the contractor to carry out the works that cannot be attributed to specific items of work.

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21
Q

Why do we include a return envelope in the tender pack?

A

So that the returned tender is recognised when recieved and not opened premeturely.

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22
Q

In a private sector tender, what is the minimum period recommended for and return of tenders?

A

Depends on the complexity of the project or tendering procedure applied

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23
Q

In a public sector tender, what is the minimum period recommended for and return of tenders?

A

30 days

24
Q

How might the tendering period differ under a Design & Build procurement route?

A

Depends on the complexity and the amount design required to be completed by the contractor. Also dependent on whether it is single stage or two stage. The first stage will require a tender period for prelims and fees and then a further period for the second stage.

25
Q

Can we have mid-tender interviews? What are the advantages?

A

Yes, It give the contractor to raise any queries following reciept of the tender information.

26
Q

“What is the process we follow if a tenderer considers that any of the tender documents or
requirements are deficient or require clarification?”

A

A tender query is raised and shared with the team to provide clarification. This is then shared with all tenderers not just with the contractor who raised it.

27
Q

“When we provide the tenderer with a clarification, will this automatically lead to an extension of
the tendering period?”

A

Not necessarily, however depends on the clarification required and whether an adendum is needed to rectify the issue.

28
Q

“If we clarify a design by updating the design information, what considerations do we need to have
in relation to the other tender documents?”

A

is the updated design fully cordinated with the other documents to avoid discrepencies ? Pricing document etc

29
Q

What tender compliance issues do you need to consider to ensure fair and competitive tendering?

A

you will need to ensure that the tenders are based on identical information, no qualifications and ensuring the tenderers do not know about each other

30
Q

Explain how you would undergo an opening ceremony to ensure fair and competitive tendering?

A

All tenders received on or before the deadline are gathered together and placed in a box(unopended). At the opening ceremony, the Tenders are opened at a specific time and are recorded on a tender opening schedule in the presence of witnesses. Any late tender recieved should be sent back unopened.

31
Q

How would you deal with a late tender?

A

Send it back to the contractor unopended

32
Q

Why is it unfair to accept a late tender?

A

“It is unfair because a late tender can be considered giving extra time.
Exchange of information between other contractors relating to pricing
Collusion
“

33
Q

What happens if a tenderer submits a tender with qualifications? What process do we follow?

A

the tenderer should be given an opportunity to withdraw the qualifications to produce a compliant tender without amending the price. If the tenderer refuses the tender may need to be rejected

34
Q

What factors may be considered when assessing tender returns?

A

“If the bid is compliant
All documents requested and returned fully complete
Arithmetical errors
Quality of Submission
conflicts
T/C/Q
“

35
Q

Do we just use lowest price when assessing tender returns?

A

JCT PN- Lowest tenders are sort out first and reviewed in the case they are not the lowest 2nd lowest will be considered. Dependent on the basis that the client wants the contract to be awarded. I.e best value. All tenders can be reviewed and compared

36
Q

What quality criteria may be considered when assessing tender returns?

A

“if all items are priced
all requested documents returned
arithemetical errors
Any obvious conflicts of interest

”

37
Q

When analysing a tender return, explain the process of examining priced documents

A

complete an arithmetical check and look for any obvious omissions, high or low rates etc

38
Q

What processes do we undertake if an error is found in priced document?

A

“Different approaches are made depending on whether the ITT and Prelims note whether it is alternative 1 or 2
Alt 1 - Correction not permited
Alt 2 - Correction Permited”

39
Q

What do we mean by the alternative provisions?

A

Alternative provisions are for dealing with errors and omissions in tenders

40
Q

What do we mean by alternative 1?

A

“Alt 1 - The tender is given details of the errors and afforded the opportunity of confirming or with drawing his tender. If the tender is withdrawn the priced document of the next lowest of next best value tenderer should be examined. If there are error or discrepencies in them, this tenderer also ( and any other tenderer) should be given the opportunity to confirm or withdraw.

Where the tenderer confirms his tender, an endorsement swhould be added to the proced documents prior to acceptance, including that all rates or prices in those documents (exc prelims, contingency prime costs and prov sums) are to be considered reduced or increased in the same proportion as the corrected total of priced items exceeds or falls short of the offer. the endorsement is signed by both parties.

”

41
Q

What do we mean by alternative 2?

A

“Alt 2 - The tenderer is given the opportunity of confirming the offer or ammending it to correct genuine errors. Should it be elected to amend his offer with the result that the tender offer is no longer the lowest or best value tender, the offer that becomes the lowest or best value should be examined.

As per Alt 1, endorsement should be made if tender confirmed “

42
Q

How would you check the competitiveness of contractor’s rates?

A

Check against the cost plan / rates in other tenders ?

43
Q

Explain how you would assess abnormally high rates? Why is it important to identify these?

A

Using the cost plan as a benchmark / other benchmarks. Important to ascertain whether the item has been front loaded

44
Q

Explain how you would assess abnormally low rates? Why is it important to identify these?

A

Using the cost plan as a benchmark / other benchmarks. Important to ascertain whether the item has been misunderstood or mispriced

45
Q

What do we mean by front-loading? Why is it important to identify front-loading?

A

costs that are applied disproportionately to elements of the work that take place early on during a project or part of a project. It is important to identify this so that later on in the project and the works are in construction they are not paid in advance at risk to the client

46
Q

What is the difference between assessing single-stage and two-stage tenders?

A

Single Stage you are assesing the costs as a whole. Two Stage you have two elements FS - Prelims and PCSA fees SS- Work Package costs

47
Q

What do we include in a tender report?

A

“The Process 1. PE 2. ITT 3.Tender opening 4. Compliance 5. ALT 1/ 2 6. rates 7. reconciliation / reccomendation
Include Reports from Project Team.
“

48
Q

What is included in the executive summary of a tender report?

A

“high-level summary of report
name of tenderer recommended to be the Contractor”

49
Q

What is included in the introduction of a tender report?

A

“background
The works
and anticipated start”

50
Q

What is included in the ‘tender information’ part of a tender report?

A

“scope of works
ITT:content /date
tenders received: name of tenderer, date, tender opening, tender prices
tender review: compliant and non-compliant tenders errors, qualifications, exclusions. provisional sums
post-tender meetings”

51
Q

What is included in the tender analysis part of a tender report?

A

“tender assessment criteria as stated in ITT/ Prelims
application of tender assessment criteria
programme”

52
Q

What is included in the conclusion and recommendations part of the tender report

A

“name of tenderer recommended to be the contractor
reasons
risks “

53
Q

What documents would you appendix to the back of your tender report?

A

Tender analysis / consultant reports

54
Q

What items are likely to be discussed in a PD report?

A

Construction Phase plan

55
Q

What items are likely to be discussed in a PM report?

A

Programme

56
Q

If tenders come back over budget, how might you proceed post tender?

A

“You cannot negotiate
review scope / VE
retender some of the works
clean tender
Client doesn’t have to accept tender “

Procurement and Tendering (4 decks)

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