Ethics Flashcards
Guiding principles
H, L, O, IP, IA, C, EqC, EvC, EP, C, CoI
Risks - lead to reputation damage
Honesty - fairness
legal obligations - calling for tender, preliminary contract created, fair and impartial
Ownership - IP used identify, Tenders retain IP
DB - reference employment owns
Intention to proceed - employer (no compensation for time preparing, funding in place) and contractor (fines if priced not to win)
No improper adv.
(bribery, meals, gifts)
No collusion
(agreement between 2 or more to limit open competition)
Equality of conditions
(conditions of tender needs to be the same, same timeframe, tender period, reasonable to prepare)
Clarity of Evaluation
(preparing tender, creating prelim contract, clear about evaluation procedure, avoid to price multiple options)
criteria ()
Evaluation process
(selection criteria in Tender documents, tender most
may not be the lowest, must be evaluated against criteria. If no evaluation criteria then based on price
Confidentiality
(risk adjust price
Conflict of interest (declare , eg, domestic partner working as a subcontractor)
PN9301
AS4120
Graham cruss.
Tender Prep
definition scoping
selection process of tenderers
Tender Documentation
criteria selection
Tendering
Call for Tenders
Responding to invitations Tenders
Tender meetings/enquires
amendments to tender documents
Submissions and closing
Tender evaluation
Tender analysis
Tender Clarifications
Selection and award
Selection process
Open/public
Selected
Pre-qualified (complex high risk/high cost)
Invited (Specialised projects)
Negociation (one entity has skill capacity to undertake work)
No tender queries to be responded to within 48 hrs of closing
5 (invite) 4 shortlist 3 (if one drops out)
info supplied to Tenderers -
General Conditions does not need to be supplied where standard for is supplied.
Specific conditions of Contract filled out and issued with Tender docs.
Special conditions should only be used if there are special conditions warranted by special conditions of project/site.
Open procedures - Client/PM/least 2 staff. One is witness.
Non-conforming tenders - submit conforming tender and alternative to consider
Client making final decisions. Experience with builders but dont make promises how builders will be perform
3910 - emphasis on tender to ensure price is correct
would all of the tenderers tender for you again?
away from tendering to novated contracts.
Fletchers to run CHCH recovery is accepted direct negociation.
Contract types
NZIA SCC, NZS3910, NEC 3, FIDIC
Negociated by Panel
How and where when tenders lodged
When Not Monday/Friday
2-4pm
Late tenders - integrity of tendering process not comprimised, exceptional circumstances.
Dangers of letters of intent vs preferred contractor
- not binding on the contractor. Dispute on costs may occur.
Should be RFI, then LoA.
Preferred contractor - worth them going through process of ironing out, clearly defines only negociating with one party. Difference is intend to enter into contract, going in on good faith. LEtter of intent, cant enter into contract, gearing up of costs.
Case law:
Arithemtical error, improper advantage, Duty to consider tenders, Conflict of interest, Contractual mistakes act, tender evaluation
Silent, then real evaluation criteria is price.
Dangerous, unsuccessful tenderers with lowest price could sue. Clear about nonprice attributes.
Should be stipulating in tender documentation if driven by programme.
Evaluation of material that is not included in tender criteria?
Included, 2 tender evaluation tender also in dispute adjudication on separate project, Patt invited to tender, Evaluation team brought in exp from arbitration process to distinct tender and new evaluation requirements which werent released as part of tender evaluation. Pratt got costs for tender and awarded profit to taking the contract. CAN NOT BRING IN ADDITIONAL EVALUATION CRITERIA UNLESS ITS DONE PRIOR.
