Procurement Flashcards

1
Q

What is Procurement?

A

Acquiring the services needed to complete a construction project

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2
Q

What is Tendering / Request for Proposal

A

The bidding process to obtain a price & how the successful contractor is appointed.

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3
Q

What is important to consider during the Procurement process?

A

Time, quality, cost & risk.

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4
Q

What are the different forms of Procurement?

A

”- Traditional Lump Sum / Stipulated Sum
- Design and Build
- Construction Management
- Management Contracting”

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5
Q

Explain Traditional Lump Sum / Stipulated Sum procurement?

A

”- Least risky with level of certainty as design, cost and duration inherent in the strategy. Slower process.
- Design is complete before RFP.
- Contractor selected on best value and not necessarily lowest price.
- Contractor assumes responsibility and financial risk for the construction of the building works to the design produced.”

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6
Q

Explain Design & Build procurement?

A

”- A single contractor assumes the risk and responsibility for designing and building the project, usually for a Lump Sum.
- Construction can start before design is complete.
- Design team can be appointed to carry out preliminary design based on Employers Requirements.
- GC may obtain control over the design team through novation - switching contract.
- Client can give single point responsibility.
- Proposals can be difficult to compare given the difference in design, schedule, etc.
- Contains Employers Requirments

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7
Q

Why does Design and Build procurement appeal to clients?

A

Because it gives a single point of responsibility for the entire project

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8
Q

Explain Construction Manager procurement?

A

”- Client employs the design team, with a construction manager engaged as a fee earning professional to manage, schedule and co-ordinate the design and construction activities.
- Work carried out through trade contractors, often specialists, through direct contracts with the client for distinct trade or work packages.
- Good route if speed of completion is desired.
- Little cost certainty as trade proposals come later.
- Contractor provides expertise without financial risk.
- CM takes over Schedule and Pricing responsibilities.
- Client should have a strong presence. Appoints a PM to assist with CM direction.
- Design & construction overlap.
- Client bears much of the risk.”

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9
Q

Explain Management Contracting procurement?

A

”- A MC manages the whole building process for a fee on top of construction costs.
- MC has direct contract links with subcontractors. No link between client and subcontractors.
- Client employees the design team but is responsible for the risk of their delay.
- Fast track route as full design does not have to be complete.
- Cost certainty only once trades awarded.
- MC identifies bidders.
- Client should have adequate risk management.”

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10
Q

What is the difference between Management Contracting and Construction Management?

A

“In construction management the client is in direct contractual relationships with the trade contractors, the construction manager is not.

In management contracting the client is in a contractual relationship with the management contractor, who is in contractual relationships with the trade contractors”

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11
Q

What do Construction Management services include?

A

“a. Procurement advice
b. Advising on appointments
c. Advising on buildability
d. Defining KPIs for trades
e. Cost planning and cost control
f. Preparing a construction schedule
g. Identifying subcontractors & trade buyout”

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12
Q

Explain Partnering procurement?

A

Partnering is a cooperative relationship between business partners formed in order to improve performance in the delivery of projects.

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13
Q

There are three main types of contractor selection techniques?

A

“1. Open Tendering - anyone can provide a proposal. Usually Public work.
2. Selective Tendering - a shortlist drawn up by the project team.
3. Single Contractor Selection (Sole Source) - Contractor selected then negotiation process begins.”

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13
Q

“What are the main types of RFP procedures?
Can you name some different ways of tendering work?”

A

“1. Single Stage (Competitive) - RFP to a number of contractors. Bids based on identical documentation. Detailed design available (RIBA stg 4)
2. Two-stage (Competitive) - Where time is constrained. Early appointment of the contractor who can input on design. Design being developed. (RIBA stg 2/3). Awarded on team, General Conditions, Fee & Insurance.
3. Negotiated (Sole Sourced) - single stage with a singular contractor. Price is negotiated. Faster than above but loses competitive advantage.”

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14
Q

“What are some advantages and disadvantages of single stage tendering?

A

”- Advantages:
o Increased competition
o Cost of construction is often lower
o Ensures only capable contractors submit a tender

  • Disadvantages:
    o Does not allow early contractor involvement
    o It is market dependent”
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14
Q

What is a Pre-Tender Estimate

A

Estimating the cost of the project before an RFP is issued based on the available design. This is to inform the client if they can afford the proposed development and as a basis of comparison against returned proposals.

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15
Q

“What would you expect to see in the first stage of a two stage tender?

A

”- General Conditions
- Level of OHP
- Indicative Schedule.”

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16
Q

“What are some advantages and disadvantages of two stage tendering?

A

”- Advantages:
o Enables early contractor involvement
o Encourages collaboration
o Contractor can help identify and manage risk

  • Disadvantages:
    o Cost certainty may not be achieved before construction begins
    o Additional fees involved with a PCSA
    o Contractor gains leverage as they continue to a second stage, so reduced competitiveness”
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17
Q

“Why would you use a single stage over two stages?

A

”- Quicker tendering process
- Maintains a higher level of competitiveness
- Dependent on market conditions”

18
Q

“Why would you use two stage over single stage?

A

”- Early involvement with a contractor
- Dependent on market conditions”

19
Q

“What are the advantages and disadvantages of negotiated tendering?

A

”- Advantages:
o Used when the client has worked with the contractor before and knows that they can trust them
o Can be quicker than competitive tendering

  • Disadvantages:
    o Loss of competitiveness”
20
Q

“What is a PCSA?

A

”- A Pre-Construction Services Agreement
- It is an appointment document between contractor and client, sets out the services and fee that should be provided during the second stage of tender”

21
Q

“What would a PCSA include?

A

”- Scope of services
- No obligation to enter into a formal contract
- That only documented services will be paid for
- That if the client does not appoint the contractor, the client has no liability for losses”

22
Q

How do you deal with Errors in a Tender Return?

A

“Alternative 1 - Confirm or withdraw
Alternative 2 - Confirm or amend”

23
Q

What would you include in a Pre-Qualification Questionnaire

A

”- Details of Contract Particulars
- Company Turnover
- Relevant Experience and References
- Key Staff
- Management and Organisational Structure
- Adequate RFP period.”

24
Q

Where would you find information on what to include on a PQQ?

A

The RICS provide a template for PQQs

25
Q

What are the Contents of a RFP?

A

“Depends upon the route selected but typically:
- Instruction to bidder / Cover page
- Scope of Work
- Pricing document
- Design Information
- Schedule
- Potentially the ‘form of agreement’ to be used.
- Any other appendices”

26
Q

What should typically be included in the scope of work document?

A

”- Requirements at each stage of the design
- Time, date & location to return
- Instruction to bidders.
- Scoring of how Proposals will be assessed
- Schedule or Milestone dates
- Landlord or client preferred vendors.”

27
Q

What are the contents of a Tender Report?

A

”- Executive Summary
- Introduction
- Lists of RFP’s Received
- RFP Bidding Period
- Unlevelled RFP Return Totals
- Bid clarifications
- Levelled RFP totals
- Issues to be Resolved
- RFP totals vs Pre Tender Estimate (if completed)
- Recommendation”

28
Q

How would you carry out a RFP Analysis?

A

”- Arithmetic check for errors
- Check against PTE and current budget
- Look for missing scope, exclusions, provisional sums - Raise a bid clarification for the vendors.
- Leveling / Equilization - Average of submitted, the highest or PTE allowance.”

28
Q

How do you normalize / Level a RFP.

A

”- If something has been excluded and not included within a tender return by a certain contractor, I would request that the contractor provides a price for it
- However, if this is not possible, I would use either a cost estimate rate or the average of the other contractor’s returns if this seems sensible”

29
Q

What factors effect choice of Procurement Route?

A

”- Nature of the project
- Scope of works
- Level of experience of client
- Accountability & Risk Preference
- Appointment of a contractor
- Anticipated Schedule - start and completion dates”

30
Q

How will the chosen procurement strategy affect the project?

A

”- The client’s exposure to financial uncertainty
- The client’s level of control over the design
- The extent of the design required at RFP
- The level of information require in order for construction to commence
- Contractor involvement in design
- The project risk profile”

31
Q

Why is it important to continually review the procurement strategy?

A

Because the client’s attitude to risk may change over time as some risks materialise

32
Q

How would you decide on the length of RFP period?

A

“Coordination with the Project Manager.
Review of the Project Schedule.”

33
Q

“What is frontloading?

A

A pricing strategy where the rates for early construction activities are artificially high in order to maximise the contractor’s early cash flow

33
Q

In a competitive RFP, how many contractors would you go out to the market?

A

3-5, but this does depend of the size of the project.

34
Q

What is GMP?

A

“Per AIA, A Guaranteed Maximum Price Contract (GMP) limits the amount an owner must pay a contractor.
No matter the actual cost the contractor incurs, under a GMP the owner only pays the agreed-upon amount.
Typically used in a D&B contract.”

35
Q

What is the structure of a GMP?

A

“IS DAS

  1. Contractor creates an initial cost estimate for the entire project
  2. They reach out to preferred specialty contractors to bid out specific portions of the work
  3. They determine costs for any work that they will self-perform on the project.
  4. Make adjustments for general conditions, contingency, allowances, overhead, and profit
  5. Submit GMP to the owner and begin negotiations”
36
Q

“What are the Advantages for GMP

A
  • Owner has budget certainties
  • Contractor has greater control.
  • GMP’s can include for contractor incentives such as splitting the savings.
  • Contractor assumes more risk.
  • Openbook throughout increasing transparency.”
37
Q

“What are the Disadvantages for GMP

A

”- Contractor may charge a higher fee for the assued risk.
- Unforeseen or unknown conditions are the owners responsibility
- Disputes for what cost fall under a GMP, particularly for field conditions, especially with change orders.
- Requires a trusted partner”

38
Q

What is a Cost Plus contract

A

“Provides reimbursement for all of the costs associated with a construction project, plus a fee to account for the contractor’s overhead and profit.
Construction project owners may employ this type of contract when they want to get a project moving quickly or when the scope of work is unclear, making it difficult to estimate the total cost.”

39
Q

“What are the Advantages for Cost +

A
  • Easier negotiations.
  • Contractors have less risk.
  • Using a GMP clause, client can avoid going over budget.
  • Contractor has a guaranteed profit.
  • Transparency in costs
40
Q

“What are the Disadvantages for Cost +

A
  • unknown final cost
  • requires a trusted partner.
  • Potential disputes as owner is responsible for every cost.
  • Change order disputes
41
Q

Where can a cost plus template be located

A

AIA contracts, specifically the A103.

42
Q

How is risk dealt with?

A

“Risk can either be accepted by the client, reduced, shared or transferred to another party - it cannot be ignored

Risks should be held by the party best able to deal with them

Risk retention are risks which are retained by the employer but are not neccessarily controllable”

43
Q

What is Tendering

A

The bidding process for a specific scope of work