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APC 2023 > L3 - Procurement and Tendering > Flashcards

L3 - Procurement and Tendering Flashcards

1
Q

What would you include when issuing a PQQ?

A

Enquiry letter
Project information schedule
Pre-qualification questionnaire:

  • Company details (including legal status).
  • Details of insurance cover.
  • Financial information (such as recent accounts).
  • Relevant experience.
  • Information about technical and professional ability.
  • Information about capability and capacity.
  • Health and safety policy.
  • Quality assurance policy.
  • Environmental management policy.
  • Equal opportunities policy.
  • Relevant references.
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2
Q

How is a project structured and delivered in terms of risk allocation and contractual relationships?

A

Client may be better suited to taking more risk and exposed through more contractual relationships, responsibilities.

Less experienced client that wants to minimise risk may opt for a design and build procurement route, whereby they have a single point of responsibility. The design, programme etc is all taken on by the contractor.

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3
Q

What are the pros/cons of the traditional procurement route? (3+3)

A

Advantages:

  • Quality of product is generally higher
  • Client maintains control of design
  • Post-contract changes easy to manage

Disadvantages:

  • Longer project duration due to sequential phasing, no overlaps
  • Buildability can be poor due to no Contractor involvement
  • Design open to abuse
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4
Q

What are the advantages and disadvantages of the D&B procurement route?

A

Advantages

  • Low cost risk as client pays lump sum for Contract, absorbing design/construction risk. Contract Sum will be inclusive of a %age fee to cover design development/risk
  • Low time risk: due to the ability to begin construction before design has been completed means this is a fast track procurement route.
  • Cost certainty, if a lump sum contract, known early on in the project timeline.
  • Early contractor involvement generally is good for buildability
  • Single point of responsibility for the client

Disadvantages

  • High design risk. Client loses control over design. Contractors will aim to meet ER’s whilst maximising their margins
  • Post-contract changes difficult to manage and often are expensive
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5
Q

What are the advantages and disadvantages of management contracting?

A

Advantages

  • Fast track procurement option as early packages can be let whilst later packages are still being designed
  • Client maintains design control
  • Late changes accommodated so long as that package hasn’t been let
  • Good buildability with early appointment of MC

Disadvantages

  • MC is paid on a fee basis and doesn’t take project cost risk, leaving the client exposed
  • Although procurement is fast, time certainty is poor until the final package is let
  • Cost certainty is also poor until the final package is let.
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6
Q

What are the advantages and disadvantages of the construction management route?

A

Advantages

  • Fast track procurement route as design and construction can overlap
  • Arguably a cheaper price is obtainable due to cutting out the main contractor’s OH&P costs.
  • Accommodates late changes if the package has not been let
  • Client maintains design control
  • Good buildability with early involvement of Construction Manager

Disadvantages

  • Client must be experienced as all parties report to them.
  • Time certainty is not known until last package is let
  • Construction Manager may not be motivated by cost as he is appointed on a fee basis, resulting in high project cost
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7
Q

Why would you use management contracting over construction management or DB?

A

You may want reduced exposure/risk than construction management, so opt for management contracating so management contractor acts as buffer between subcontractors and client

You may wish to retain control over design. DB would see design responsibility passing on to contractor.

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8
Q

Which is most risk averse procurement route?

A

Traditional is very safe/balanced for client, especially w/ BoQ.

Turnkey project is also low risk for client in terms of responsibility, cost and time however only suitable for off-the-shelf products

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9
Q

What contract type would you use for traditional procurement route? (£)

A

Lump Sum

Measurement Contract

Cost reimbursement

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10
Q

What contract (names) would you use for DB procurement route? (3)

A
  • Turnkey
  • Design and Build
  • Contractors design portion in traditional contract
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11
Q

What contract would you use for management procurement route? (2))

A
  • Management contract
  • Construction manager contract
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12
Q

What methods are there of calculating the contract sum? (4)

A
  • Lump Sum
  • (Re-)Measurement (approx quantity contracts)
  • Target Cost
  • Guaranteed Maximum Price
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13
Q

What is procurement?

A

The act of obtaining goods or services from an external source

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14
Q

What is tendering?

A

Tendering is part of the procurement process

It is where a contractor is appointed to the project and a price for the works is obtained

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15
Q

Why would you use two-stage tendering?

A
  • If there is not enough information to obtain a tender price for the works
  • To overlap tendering with design period
  • To utilise contractor in design period to add buildability
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16
Q

Why does OJEU exist?

A

EU Procurement Directives established public procurement rules through EU.

Public procurement rules enacted in UK through PC Regulations

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17
Q

What was the purpose of the EU Procurement Directives/OJEU?

A

Open up public procurement within the European Union and to ensure the free movement of supplies, services and works.

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18
Q

What are the tender options using OJEU? (4)

A

Open

Restricted (w/ PQQ)

Competitive dialogue

Competitive negotiation

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19
Q

What is competitive dialogue?

A

PQQ > invited to open dialogue in which solutions developed > at end of process, final number of contractors are invited to tender

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20
Q

What is competitive negotiation?

A

PQQ > Negotiation > preferred bidder selection.

No formal rules or ending. Preferred bidder can be negotiated with post-appointment.

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21
Q

What are the OJEU value bands?

A

For Works contracts:

Central Govt + Other Contracting Authorities - £4.7m

Small Lots - £884k

For other contracts it is less.

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22
Q

How long does the OJEU tender process take?

A

Open Tender 35 days, 30 if electronic submission, 15 if PIN

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23
Q

Describe the tendering method on a project you have worked on (activities, timescales).

A

[respond with your own answer!]

Mine:

  • Construction Framework
  • Used medium band (4.5m - 12m
  • Competition, 2 stage, DB, JCT DB Contract
  • Regional lot London
  • ITT = 3 weeks (incl site visit 2.5 weeks prior to deadline)
  • Evaluation and appointment = 3 weeks; 60% quality 40% price
  • Design development = 6 weeks

PCSA milestone 1 = 50% dd complete

PCSA milestone 2 = 50% dd complete

  • Design development gateway = 2 weeks
  • Planning submission = 4-5 weeks
  • CPs = 8 - 10 weeks
  • CP review 7-8 weeks (too much longer)
  • Contract finalisation = 3 weeks
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24
Q

How long overall does the DfE Construction Framework tender process take for DB 2-stage? [only relevant if you’ve worked on schools]

A

Circa 45 weeks.

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25
Q

What will happen to OJEU post brexit?

A

During the transition period, PC regulations/EU directive still applies to OJEU will still be used

Post-brexit, a new UK regulations will govern public procurement

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26
Q

What did you evaluate tenders on for your project?

A

[respond with your own answer!]

Mine:

60% quality of submission, interviews

40% on price of model building (proximity to budget)

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27
Q

Who evaluated quality of submission?

A

[respond with your own answer!]

QS x2, PM

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28
Q

What has happened to OJEU since Brexit?

A
  1. Find a Tender went live at the end of the transition period (23:00 on 31 December 2020).
  2. Procurements on OJEU/TED that were commenced prior to the end of the transition period must be concluded on OJEU/TED.
  3. New procurements commenced after the end of the Transition Period must be advertised on Find a Tender.
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29
Q

What is a PCSA?

A

Pre Construction Services Agreement

Enable clients to employ contractors before the main construction contract commences.

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30
Q

How was the PCSA paid?

A

There were milestones, portions paid as they were achieved e.g. 50% of design dev, 100% design dev..

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31
Q

How was PCSA fee agreed?

A

Part of tender submission at stage 1 of 2-stage tender

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32
Q

What purpose does package opening serve?

A
  • Transparency of tender returns/cost of works
  • On the project I worked on, it was not to be added as part of their CSA offer. It was just to justify their first stage offer.
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33
Q

What did the contractor do in the PCSA period?

A
  • Aided design development
  • Prepared Contractor’s Proposals
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34
Q

Why had the tender sum changed at the end of the PCSA?

A
  • Design had developed
  • Asbestos survey came back, true extent of cost known

[your response may vary from the above]

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35
Q

What did the tenderers submit in the first stage?

A
  • Cost Estimate based on Stage 3 design (often in 2-stage this will just be a schedule of rates)
  • Prelims
  • OHP
  • Previous experience

[your response may vary from the above]

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36
Q

What tender documents would be sent out for a D&B project?

A

EMPLOYERS REQUIREMENTS

ITT
Form of tender
Declaration of non collusion
Drawings, specification, scope of services
Draft Contract
Preliminaries and general conditions
Tender pricing schedule
Pre cons H&S Pack
Working practice: contractors working guide
Tender query schedule
Provisional programme
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37
Q

What was included in your Tender Report?

A

Tender Report is a brief history of the tendering process and an analysis of each tender submission + subsequent negotiations

  1. Exec Summary
  2. Introduction
  3. Background and scope of contract
  4. Tender Evaluation Criteria
  5. Results
  6. Recommendation + WHY
  7. Comparison to PTE

Appendices: Full Returns, Normalisation sheet and Scorecards

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38
Q

What is the LDP2? [only relevant for residential-lead public procurement]

A
  • A construction framework for residential-led development to support the mayor’s ambition to accelerate housing development
  • 29 panel members pre-selected through a rigorous procurement process
  • Applicable to Greater London
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39
Q

What are the 3 stages of the LDP2? [only relevant for residential-lead public procurement]

A
  • Expression of interest
  • Sifting Brief
  • ITT
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40
Q

How did you ensure the tender process was fair?

A
  • Made them sign a declaration of non-collusion
  • Carried out tender normalisation so all tenders were based on same scope
  • Circulated queries to all tenderers
  • Prepare a Tender Report to document advice given. This will help in the case that a Contractor challenges the award.
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41
Q

What tender documents would be sent out for a traditional project?

A
  • ITT
  • Form of tender
  • Preliminaries document
  • Draft contract
  • Pricing document
  • Employer’s information requirements for BIM
  • Drawings
  • Specification
  • Tender Return Slip
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42
Q

What’s an invitation to tender?

A

A formal invitation to make an offer for supply of goods or services.

May follow a PQQ

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43
Q

What are instructions to tenderers?

A

Gives overview of project, outlines key dates, instructions to tenderers, contract used, general conditions

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44
Q

What is a form of tender?

A

A document to be signed by bidder stating they will carry out works should they win the Contract. Declaration there will be no bribery, they will abide to rules of tendering etc.

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45
Q

What is an F10 form?

A

A form to notify HSE of any construction project

This is a CDM 2015 requirement

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46
Q

What do the CDM regulations define as construction works/ notifiable? (2)

A

Works likely to last longer than 30 days

AND

have more than 20 workers simultaneously at any point OR exceeds 500 person-days

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47
Q

What are section 106 agreements?

A

Obligations such as affordable housing, infrastructure contribution etc. attached to the land that is the subject of a planning permission.

Mitigate or compensate the negative impacts of the development.

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48
Q

For Phase 1, were there any risk allowances built into their submission?

A

[Respond with your own answer]

Central London - 5% OH&P

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49
Q

What’s EOI + SB? (LDP2 - only relevant for resi-lead public procurement]

A

Instead of finding out who was interested then sending out what was essentially a PQQ, both were done at the same time. To express interest, they would return the PQQ,

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50
Q

What’s a section 278 agreement?

A

Allows a developer to carry out works to public highways e.g. roundabouts, junctions etc required for the development

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51
Q

Which Act are section 278 and section 106 part of?

A

The Highways Act 1980

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52
Q

Why did you choose LDP2 over say the construction framework? [only relevant for resi-lead public procurement]

A

Specifically for developers and for residential lead projects.

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53
Q

What questions would you not share a response for in a tender process?

A

Something that reveals sensitive information about that tenderer OR something that reveals an innovative original idea created by the tenderer.

I would share things that bring clarity to the project/process/scope

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54
Q

How did you track cost movement during the PCSA period?

A

Had a design development schedule, risk schedule type.

Noted all the changes during the PCSA period + put costs to them

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55
Q

How many people would you recommend tendering to?

A

3-6 traditional, no more than 4 for DB

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56
Q

How did the developers get onto the LDP2? [only relevant for resi-lead public procurement]

A

Standard Selection Questionnaire, then evaluated on a submission for a hypothetical project.

Rates submitted not required to be used in mini competitions but any variance should be justified

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57
Q

What are the requirements for using LDP2? [only relevant for resi-lead public procurement]

A

For UK public bodies to deliver Greater London schemes only

Must be residential lead.

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58
Q

What did you provide in the appendices of your tender report?

A
  • Full submissions
  • Evaluation matrices
  • Normalisation
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59
Q

Have you ever awarded a contract to a contractor that had not submitted the lowest bid? Why?

A

[Respond with your own answer]

Mine:

  • Had previous experience in the building so we knew they could work sympathetically to neighbouring tenants
  • Had experience with the building’s MEP
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60
Q

What were the projects risk (Central London)?

A

[Respond with your own answer]

Mine:

  • Tenants on floors above/below (danger w/ leaks, pipe bursts, noise)
  • Only one goods lift, shared
  • Access to building
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61
Q

How did you quantify the risks on the Central London project?

A
  • List the risks
  • Attach three possible scenarios w/ cost and likelihood of each one.
  • Multiply these together and add up likely cost of each risk
  • See if that was comparable to risk percentage attached
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62
Q

What was the methodology for the tender procedure for the strip out in central london?

A

[Respond with your own answer]

Mine:

  • Sent out Tender Docs to 6 selected contractors
  • They submitted bids
  • We reviewed & normalised. Asked to firm up a few PSUMS. Asked them to add items they had not allowed for or provide further clarity.
  • Conducted interviews where they presented themselves & how they would carry out the project. We raised a few questions.
  • Evaluated 50% commercial 50% quality of submission/interview
  • Issued tender report to client with our recommendation
  • Following client’s approval/instruction, we send letters out confirming winner/losers.
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63
Q

What is a development agreement? [only relevant if you’ve had experience with developers]

A

It’s a contract between a client and developer regarding the development of a site

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64
Q

What was the premium paid on the Central London project above the lowest tenderer? [only relevant if you have awarded a contract to a tenderer that was not the lowest]

A

[Respond with your own answer]

Mine:

£40k on a c. £3m - £4m project

65
Q

What are M&E isolations? Referred to as risks for the CL project…

A

This refers to capping the services from the risers that service the tenant floor when the on floor MEP was stripped out.

For example sprinklers, electrics, heating etc..

66
Q

How did you advise procurement route & tender methodology?

A

[Respond with your own answer]

Mine:

The key drivers for the project had changed, time was essential.

Using construction framework which had limited options, but DB 2-stage was the best for time.

Wrote procurement report & presented to client

67
Q

Have you ever used a framework, if so why?

A

[Respond with your own answer]

Mine:

Construction Framework, because:

  • Client and consulting team was familiar with it
  • LDP2 was for resi lead developers only
  • A framework was beneficial to expedite the tender process, no PQQ needed
68
Q

What are the different value bands for construction framework?

A

Low £1m - £4.5m

Medium £4.5m - £12m

High £12m+

69
Q

What were the drawbacks of using a 2-stage D&B?

A

D&B means client loses design control post-contract, expensive changes (mark up to all changes)

Also D&B puts quality at risk

70
Q

What is best value?

A
  • refers to the most advantageous combination of the whole-life cost, quality (fitness for purpose) and sustainability (in terms of the economic, social and environmental benefits) available to meet client requirements.
71
Q

Tender Analysis - What criteria would you assess the tenders against?

A
  • Price
  • Quality (experience, understanding of requirements, past performance, technical skills, resource availability, methodology, management skills and systems)
  • Compliance with ITT requirements
72
Q

What is partnering?

A
  • A concept that can be applied to procurement
  • Co-operative relationship between business partners to improve performance in delivery
  • Collaborative, non-adversarial
  • Initiated through partnering charter, or two-party contract aligned to partnering.
  • Reduces disputes, win-win culture, but can be abused.
73
Q

What is the Public Contracts Regulations 2015?

A
  • Apply to public projects above a certain threshold (£4.5m for works contracts)
  • Aggregation rules apply so project cannot be divided into smaller projects sub-threshold
  • Private projects included if publicly subsidised
  • Projects must be advertised on OJEU. Tender period lasts over 30 days,. Can be reduced to 15 in some circumstances (PIN, prior information notice give).
74
Q

What are the requirements for public sector procurement?

A
  • Contracts above EU threshold must comply with the Public Contracts Regulations 2015
  • Notice must be published on OJEU
75
Q

What are the OJEU tender procedures?

A
  • Open procedure; anybody can bid, no PQQ or shortlisting. Anyone interested sent tender information.
  • Restricted procedure; PQQ to shortlist candidates. Only successful candidates invited to tender.
  • Competitive dialogue; begins with PQQ. Shortlisted bidders enter into dialogue to discuss project, develop solutions. Following this, successful tenderers are invited to bid.
  • Competitive negotiation procedure; begins with PQQ. Tenderers are invited to negotiate. No formal rules or ending. Negotiation can continue on after preferred bidder is selected.
76
Q

How long would you expect the tender period to be?

A
  • varies based on tender procedure

- 3-4 months where Contractor’s design portion required e.g. design and build projects, two-stage tendering.

77
Q

What are the methods for payment?

A
  • Periodic payments based on works done to date/valuations
  • Milestone payments
  • Activity schedule
  • Staged payments
78
Q

When do PC regulations apply?

A

When the Employer is a ‘Contracting Authority’ and the contract awarded a ‘public contract’

79
Q

Name three tendering procedures

A

Single stage, two stage, competitive dialogue.

Covered in JCT TPN 2017

80
Q

Name four forms of tendering

A

Open, selective(restricted), negotiated.

Different types of work may require serial tendering or framework tendering.

81
Q

What would be included in a procurement report?

A

I have never written one however one would include:

  • exec summary giving overview
  • review of client/project requirements (time/cost/quality)
  • programme
  • review of procurement options, +-
  • recommendation based on above
82
Q

When reviewing tenderers, how would you review a companies financial standing?

A

We don’t do it, reviewed by Dunne&Bradstreet

83
Q

What would the difference be between the tender documents for D&B and a traditionally procured project?

A

Instead of employers requirements, you would have architects drawings, MEP drawings etc

84
Q

Who is responsible for a mistake in a tender submission?

A

Depends on which alternative (1 or 2)is stipulated in the form of tender.

As per JCT PN2017, I have used alternative 2 on my projects. This is where the contractor is given the opportunity to confirm his offer or amend it, followed by an endorsement that this is there final offer.

FYI - alternative 1 stipulates the contractor must confirm or withdraw, followed by letter of endorsement.

PUBLIC - public sector employers will have developed their own procedure for handling these issues

85
Q

What documents should be sent out in a PQQ?

A

Enquiry letter
Project information schedule
Pre qualification questionnaire

JCTTPN17 gives model forms of the above

86
Q

What is the minimum period for response to public project PQQs?

A

30 days from OJEU notice

15 in urgent cases

87
Q

How long would you expect a PQQ to be out for on a private project?

A

14-21 days, longer if there are holidays or substantially detailed questions

88
Q

What should a project information schedule include?

A 
Project estimated value
Employer, professional team, point of contact
Tender procedure to be used
Programme
Contractors design requirements
BIM requirements if applicable
Contract used and any amendments
Contract particulars including requirements for collateral warranties, third party rights, bonds, insurances
89
Q

What are the four categories of a questionnaire in a PQQ?

A

The basic factual particulars

Questions relating to financial matters and good standing

Regulatory and compliance matters

Technical capacity (capabilities, skills, past performance)

90
Q

How long do you expect the tender period for a single-stage tender to last, private and public?

A

Minimum 28 days for private

For design and build projects, this may be extended to 3-4 months, but this entirely depends on the complexity and development of the design.

91
Q

What would happen if the employer does not stick to the scoring criteria set in the tender docs?

A

Result open to challenge by unsuccessful tenderers

92
Q

Once the tender evaluation is complete, what is the difference in notification between public and private projects?

A

In cases where PC regulations apply, there is a 10 day standstill period for any challenges following notification of intended award.

93
Q

When would you use a framework contract, and why?

A

For a client that is continuously commissioning works, because:

  • it reduces procurement timescales
  • reduces learning curves/risk
94
Q

What should contract documents to tender for a framework define?

A
  • Scope of works
  • Possible locations of works
  • Services likely to be required
  • Contract conditions used for pre-construction services (design)
  • Contract conditions used when works are executed

The supplier may propose pricing mechanisms for different types of contract used

95
Q

What are the different types of planning apps?

A

Outline planning app - to understand whether a development is likely to be approved before significant cost commitment

Detailed planning app - full set of info submitted to LA

96
Q

What’s the procedure for securing planning permission?

A

Contact local planning authority to understand the procedure

Generally - planning meetings, submit drawings, issue notices, public consultations, published on the planning portal, pay fee

97
Q

What are Party Wall Notices?

A

Notifying a party tenant/neighbour of works to be carried out to an adjacent property

98
Q

What is a party wall award?

A

Sometimes Party Wall Agreement, it’s a document produced by the two-party wall surveyors (or the “agreed surveyor”) which resolves the dispute that was triggered when the party wall notice was not consented to

99
Q

What’s the difference between an Invitation to Tender and Instructions to Tenderers?

A

Invitation to Tender - a formal invitation to make an offer for the supply of goods or services. Includes Letter of Invitation to Tender + tender docs

Instructions to Tenderers - Instructions regarding tender procedures

100
Q

What’s my role as a QS in P&T?

A
  • assist in establishing clients drivers/brief
  • advise on procurement route to reflect the strategy
  • advise on tendering methodology to reflect the strategy
101
Q

What would you do if a client wanted to negotiate with one contractor rather than competitively tender?

A

Advise on the benefits of competition

Ultimately follow the same procedure in terms of release all tender docs, interview, then negotiate.

102
Q

If a tenderer is received late, do you accept it?

A
  • You would advise the client that the bid is non-compliant as it was submitted late
  • Advise risks; collusion, extra time unfair/no parity of opportunity etc
  • Client may wish to accept to increase competition
  • Also with technical difficulties it may be out of contractor’s hands if they’ve dropped a note beforehand saying wifi is down and submit it 2 mins late probably advisable to let it slide.
103
Q

What was your role in PCSA?

A

As design developed, I priced the new works and negotiated those prices with contractors assessment

104
Q

What would you do if the client wanted to make a change mid-tender?

A

Advice:

  • Can issue an addendum if the change is vital
  • More time will be needed for tender period
  • Can be post-contract instruction. Depending on the scale of change and type of contract it may be easier to do this
105
Q

What does a QS do at Stage 0?

A
  • provide high-level cost in terms of cost/functional unit for the purpose of feasibility studies
  • provide benchmarks
106
Q

What is a post-occupancy evaluation?

A

Study of the building once it is in use in terms of performance etc.

Opportunity to learn from building’s use & improve delivery on future projects

107
Q

What guidance notes exist for tendering procedures?

A

JCT Tender Practice Note 2017

RICS Tendering Strategies 2015

108
Q

How do you undertake a conflict check?

A

Make sure 2 people in a team aren’t bidding for the same contract. PQQs sent round may request whether you have any relations in other firms.

109
Q

How is design risk quantified in CPD contract?

A

Comparable to other projects. %age of those elements, plus costs to incorporate it to rest of design

110
Q

Do ERs relate to everything in the ITT or just the drawings and spec, with pricing schedule/prelims etc all being on top of ERs?

A

ERs are the documents that will go into the contract, e.g. drawings, specification

Form of Tender will not

111
Q

What was the tender timeline for the project in central London?

A

Selective/Restricted Tender, no PQQ

  • 4 week ITT
  • 3 week review/interviews/normalisation

Selection of tenderer

112
Q

Why is a tender report important?

A

Transparency

Justification

113
Q

What is tender equalisation and why is it undertaken?

A

It is where tender returns are reviewed to ensure all bids are based on delivering the same scope of work (no exclusions etc)

114
Q

How would you deal with an item that has not been included in a contractor’s bid and they say they can’t firm it up in time? (3)

A

1 use an average of the submitted costs

2 use the highest price from the tender returns; or

3 use the cost plan allowance for that particular element.

115
Q

What guidance doc explains how to deal with normalisation?

A

RICS Tendering Strategies

116
Q

What do you do when you receive all tender returns?

A

Open with witnesses

Tendering Strategies 2015 guidance note:

3.10.2.1 Checking for errors and conflicts

3.10.2.2 Raising tender queries and conflicts in
information

3.10.2.3 Equalisation/normalisation process

117
Q

How did you/would you maintain competitiveness in a 2-stage tender?

A

Open book approach during the contractor’s procurement of trade packages in the PCSA period

118
Q

What is OJEU?

A

Official Journal of the EU

A place to publish invitations to tender, prior information notices, qualification systems and contract award notices.

119
Q

What’s PIN (OJEU)?

A

A prior information notice (PIN) is a means of giving advance notice of forthcoming procurements; it can also be used as a call for competition.

120
Q

What are the OJEU thresholds?

A

Works Contracts

Central Govt - £4,733,252
Small lots - £884,720

121
Q

What are the requirements for a project to be tendered through OJEU?

A
  • Has to be a public project or public subsidised
  • Has to meet minimum thresholds
122
Q

What are the OJEU timescales?

A

For open tender it’s 35 days, 30 with electronic submission, reducible to 15 with PIN.

For restricted the PQQ is 30 days, ITT 30 days (reduced to 25 if electronic)

123
Q

Positives/negatives of using OJEU?

A
  • Large pool of contractors across the EU, good for competition/diverse pool of talents
  • Minimum periods for posting notices make project durations longer
124
Q

When can a client use the London Development Panel?

A

Public projects that are residential lead.

125
Q

What are the timescales for EoI? [only relevant if you’ve used LDP2]

A

Expression of Interest 5 to 10 working days

126
Q

What are the timescales for SB? [only relevant if you’ve used LDP2]

A

Sifting Brief 2 to 4 weeks

127
Q

What are the timescales for ITT? [only relevant if you’ve used LDP2]

A

ITT 6 to 10 weeks

128
Q

Would you advise using the LDP2 panel again? [only relevant if you’ve used LDP2]

A

Yes for London based residential lead projects.

Developers are pre-qualified shortening duration of project

Skilled at delivering that type of build.

129
Q

What are risks associated with D&B?

A
  • Quality risk as client loses control of the design
  • Post-contract changes expensive
130
Q

What are the risks associated with 2-stage tendering?

A
  • Lack of competition in second stage
  • No agreement at end of second stage = more consultant fees, waste of programme
131
Q

What are the primary features of a DB contract?

A
  • Single point of responsibility, contractor takes control of design
132
Q

Does DB expedite programme?

A

Not always but it can accommodate this.

Sometimes design is taken to Stage 4 then risk handed over

133
Q

Why is accepting a tender that has been submitted late bad?

A
  • Sets a poor precedent
  • Collusion question marks
134
Q

What would you do in a situation where a tender has left blank a lot of the pricing schedule?

A

Normally ask them to provide cost/normalise

If the amount left out is significant, you should tell client and include this in tender report. A reason you would likely not recommend this tenderer

They are essentially getting an extension of time

135
Q

How did you advise on your recommended tenderer in the LDP2?

A
  • 70% quality

- 30% commercial

136
Q

What was the difference between the return of a developer and a contractor?

A
  • Contractor was purely construction related. Cost was for the works
  • Developer gave a financial offer for the land (RLV based) including cost to build the school and a capital receipt (the difference)
  • Criteria for quality varies, e.g. developer was assessed on approach to marketing, sales and letting (advised by PM/client)
137
Q

Name 3 tendering procedures

A
  • single stage
  • two stage
  • negotiated
138
Q

What agreement did you use for the PCSA?

A

[Respond with your own answer]

Mine:

Lawyer was responsible for preparing a bespoke PCSA form

139
Q

What difference would you expect between stage 3 and 4 info?

A

With a completed Stage 4 design a contractor can theoretically build using

Stage 3 not as developed. No full spec, less detail, perhaps a range of steel weights.

140
Q

What is a sifting brief? [relevant to LDP2 users only]

A

Not PQQ, already prequalified

Reduces framework from potentially 29 to those most suited for contract

Questions on previous experience, capabilities etc.

141
Q

How does public procurement differ from private?

A
  • Promotes transparency
  • More rules and governance
142
Q

What’s a difference between a private and public tender procedure?

A

No mid-bids in public because risk of innocently giving one contractor an edge. Difficult to govern fairness with individual interviews pre-tender

143
Q

On your two-stage project, what did you ask the Contractor to return for the first stage?

A

[Respond with your own answer]

Mine:

  • OHP
  • Prelims
  • PCSA fee
  • Budget for project
  • Capability statement, method statement etc.
144
Q

If a package was opened and it was less than agreed at Stage 1 of 2-stage tender, would client get money back?

A

In conventional yes. In Phase 1 example, no. Phase 1 package opening was to justify abnormals.

145
Q

During PCSA, who is responsible for design development costs?

A

Client

146
Q

Did you not allow for a design %age for PCSA?

A

Yes we had separate allowance for design development in PCSA and contractor design risk.

Design development referred to in submission is pre-contractor design risk

147
Q

What is a capital receipt? [only relevant if you have worked with developers]

A

It is an amount of money exchanged between the developer and client.

Client gives land with planning permission, Developer delivers school + gives capital receipt (£3m in this case)

Value of land (calculated by sales value of units built minus construction cost) - value of school = capital receipt value

148
Q

What would you expect tender timelines to look like?

A 
PQQ issued = 3 weeks
Evaluate returns = 2 weeks
[Can have a gap between PQQ then ITT]
ITT for DB = 3-4 months
ITT for IC = 6 weeks
ITT for ICD = 8 weeks
Review period for IC = 3 weeks
Review period for ICD = 4 weeks
Review period for DB = 8 weeks
149
Q

What are the fundamental differences between traditional and DB?

A

Where the risk sits.

DB = Single point of responsibility, hold design risk but also control of design (satisfying ERS)

Traditional = Maintain control of design but also have design risk

150
Q

What happens if a contractor does not want to appoint the design team under novation?

A

Should notify contractors during tender procedure that novation is a requirement.

Don’t have to select the contractor if they can’t agree w/ design team

151
Q

What are the advantages of DB vs other options?

A
  • Early cost certainty (better than management/CM)
  • Transfer of risk (better than traditional)
  • Single point of contact (better than both)
152
Q

Why would you use single stage over two stage for tendering?

A
  • Competition
  • Control of design
153
Q

How can you mitigate the risk of not coming to an agreement at the end of a two-stage tender?

A

Guarunteed maximum price

154
Q

What’s a JV?

A

Joint Venture

Two parties coming together e.g. contractors to create a SPV (special purpose vehicle) to deliver a large project

155
Q

How can you derisk a PCSA period?

A
  • Set GMP
  • Have package openings to maintain competition
  • Tracker during PCSA to track changes
  • Have PCSA payment milestones, so contractor must do things to receive fee
156
Q

What would you do if the tender returns had been received and the client said “I want to score the returns on the basis of this new criteria”?

A

Contractors were not aware of scoring criteria so they should be gifted extra time. Will otherwise be unfair.

OR

Advise we stick to original criteria on the basis of the above

157
Q

Post contract in a Design and Build, who is responsible for the design before contract?

A

The client is responsible for the design prior to contract - it is a common amendment to transfer the risk to the Contractor. Or novation.

158
Q

What would you do if a contractor submitted a tender late?

A
  • Inform the client of risks eg collusion, extra time unfair
  • Client may wish to keep them in for the competition
  • Depends on how late they submit. A day too late would be very unfair
  • Regardless, lateness will be taken into consideration when tenders are evaluated

APC 2023 (24 decks)

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