FINAL DECK Flashcards
What is included in an RFP
1) Project overview
2) Scope of work (Design docs, specs)
3) Programme
4) Submission guidelines
5) Mark scheme (evalautaion criteria)
6) Contract T&Cs
7) Contract info
What are the three main TENDERING strategies
1) Single Stage
2) Two Stage
3) Negociated
What is open tendering?
It’s a process that involves advertising the contract opportunity and inviting interested parties to offer bids for the work.
What is selective tendering?
A process where only selected contractors are seletected to bid
What is negociated tendering
Negotiated tendering involves the buyer approaching a single supplier to ask them to deliver the work.
How do you advertise open tenders?
The proposed tender opportunity is usually advertised in journals or on websites, newspapers etc.
What is the difference between Deed or Underhand
Deed = 12 year limitation period
Understand = 6 year limitation period
Deed required more signatures
How would you recommend a contract form to your client?
Appetite for risk, cost and programme available to you
It will vary depending on the type of project being developed also. A D&B contract would be beneficial for developing a specialized building facility for example.
NEC
NEC large scale infrastructure.
Useful for collabroative risk sharing.
Programme contract document.
Third party right
Provides protection to the client similar to collateral warrenties.
Scheduled in a contract.
Collateral warrenty is a separate document.
What is a bond?
In finance, a bond is a type of security under which the issuer owes the holder a debt, and is obliged – depending on the terms – to provide cash flow to the creditor
What due dilligence would you need to do to validate a parent company gurantee
You could request an audit of the parent company.
You could comission a Dun and Brad Street report.
Why would you want a parent company guarantee over a bond?
Its free.
Key changes to JCT 2024
1) Uses more inclusive gender neutral language throughout
2) The contract now addresses the appointment of Principal Designers and Principal Contractors under the new Building Regulations, with obligations for compliance.
3) EOTs now incluse epidemic-related delays, discoveries of absetos, contaiminated materials or unexploded ordenance.
4) EOT response time reduced to 8 weeks from 12
5) Relevant events now alight with EORs in regards to pandemics and statutory powers
6) Clauses for payment timeline after termination.
7) Contractor liability for design specified to the required level of skill and care
8) Insolvency updated to reflect changes in insolvency legislation
9) now liquidated damages are recoverable until works are completed, or the contract is terminated
11) Collaborative working, sustainable development considerations, and dispute resolution clauses are now default provisions without an option to opt out.
RICS business plan
Rebuilding trust trust and confidence in the profession after the findings of the Levitt report.
Post pandemic, ensure the RICS is both resilient and future-focused,
and ready to support professionals to deliver confidence.
Increase demand for RICS professionsals.
Ensure the RICS is championing the cutting edge of sustainable and modern technologies.
How do you deal with a client who wants you to deal in cash
Insist on a bank payment.
You cannot accept a cash a payment of more than £10,000.
Ensure payments are auditable.
RICS client money protection scheme
Reimbursment of direct funds
Maximum limit of 50k
How did you select the procurement strategy
I took into account;
the client body,
the project type and size,
the time available,
the cost certainty required and who was responsibility for design
Can you outline Single stage tendering?
Invitation to tender documents issued to say 3 contractors.
All submit bids based on identical tender documentation, due after a pre determined set of time.
Usually at Stage 4.
1x contractor is declared the preffered, and entere into contract with.
Can you outline Two stage tendering?
Allows tendering and design to overlap, used when contractor input would be beneficial.
First Stage tender enquiry docs issued, usually RIBA 2 to 3.
Preferred contractor is chosed on the basis of:
1) The quality of their bid.
2) Quality of their team
3) Prelim costs, overheads and profit allowences.
Preffered contractor then joins the design team on a consultancy basis under a PCSA.
Contractor works with design team to complete design. FInal bid presented at RIBA 4.
Can you outline what a negociated tender is?
A negotiated tender is effectively a single-stage tender
with a single contractor who returns with an initial
price.
This is then negotiated with the client’s
professional team (usually the professional quantity
surveyor (PQS)
What are the advantages of using a two stage tender strategy?
A quick start on site is required (tendering and design can overlap).
As contractor has inputted on design, there will be more buildability input. Less design discoverables.
What are the disadvantages of using a two stage tender strategy?
Programme must include tender period (unlike a negociated tender).
What are the advantages of using a single stage tender strategy?
Most competitive prices
Most linear form of tendering