Procurement Flashcards
- What is procurement?
- The overall process of acquiring construction work or services
- What should be considered when selecting a procurement route?
- The specifics of the project
- The client objectives regarding cost, time, control, quality and risk
- Experience
- Objectives
- Stakeholders
- What are the main procurement methods?
a) Traditional / general contracting
b) Design and build
c) Management contracting
d) Construction management
e) Maintenance
f) Term Contracting
- What is traditional procurement?
- The design is completed by the client’s design team before competitive tenders are invited and a main contractor is employed to build what the designers have specified
How does traditional procurement work?
- The contractor takes responsibility and financial risk for the construction of the works to the design produced by the client’s design team for the contract sum within the contract period
- The client takes the responsibility and risk for the design and design team performance
- When might traditional procurement be appropriate?
a) If the employer has had the design prepared
b) If the design is substantially completed at time of contractor selection
c) The client wishes to retain control over the design and specification
d) Cost certainty at start on site is important
e) The shortest overall programme is not the client’s main priority
- What contracts might be used for traditional procurement?
- JCT – minor, intermediate, standard with quantities
- What are the advantages of traditional procurement?
a) Competitive fairness and transparent process – increase value for money
b) Design led – can ensure quality
c) Price certainty before commencement
d) Well known procedures
e) Changes are reasonably easy to arrange and value
- What are the disadvantages of Trad Procurement?
a) Overall project duration may be longer than others – sequential process
b) No input into design and planning by the contractor
c) Strategy based on price competition – could lead to adversarial relations
d) Dual point of responsibility – design team for design and contractor for construction
e) If design not complete at time of tender, cost and time certainty are reduced
- What is design and build?
Where the contractor is responsible for the design, planning, organisation, control and construction of the works to the employer’s requirements
- How does D and B work?
The employer gives the tenderers the ‘Employer’s Requirements’ and the contractors respond with the ‘Contractor’s Proposals’, which include the price for the works
Which Contract is appropriate for DB?
JCT D&B 05
- What are the advantages of design and build?
a) Single point of responsibility for design and construction
b) Earlier commencement on site
c) Early price certainty
d) Benefit of contractor’s experience harnessed during design
- What are the disadvantages of D&B?
Provisional Sums
Requirement to create comprehensive brief
Client must commit to a concept design early
Variations are difficult to arrange and often expensive
Harder to compare tenders – harder to determine if getting value for money
Aesthetic quality may be compromised
May be less real competition due to fewer design and build firms
- How much design input will the contractor have in D&B?
- This depends on the amount of design work the employer has already had completed at time of tender
- Can range from full design to production information and coordination only
- Who carries out the design for the contractor? (D&B)
- It may be outsourced to a separate design company (contractor retains responsibility)
- They may have in-house design capabilities
- OR the client’s team may be novated
- What is novation?
- A new contract that transfers the rights and obligations of one contractual party to a new third party i.e. design rights and obligations of architect transferred to contractor
- If the design team is novated, what should the client put in place?
- A collateral warranty to the design team to give them remedies for breach of contract
- What is management contracting?
- A management contractor is employed to contribute their expertise to the design and to manage construction and is paid a fee for doing so
- How does M.C work?
- The management contractor has direct contractual links with all of the works contractors
- They have the responsibility for the construction works without actually carrying them out
- Not all the design need be completed before the first works contractors start work
- The MC selects the works contractors through competitive open book tenders
- The client reimburses the cost of these packages to the MC plus their fee
- The MC’s role is low risk – get prime cost plus a fee
- When might MC be appropriate?
- Where the client does not want cost certainty before commencement
- Where an early start on site in a priority
- What contract might be used for MC?
- JCT – Management Contract 05
- What are the disadvantages of MC?
a) The price for the works is not received until the last package has been let
b) Changes to the design of later packages may affect packages already let - expensive
c) There is little incentive for the MC to reduce costs
d) May become a ‘post box’ system
e) In practice, the MC has little legal responsibility for the defaults of the works contractors
- What is construction management?
- The employer places a direct contract with each fo the trade contractors and utilises the expertise of a construction managers who acts as a consultant to coordinate the contracts
- How does CM work?
- The trade contactors carry out the work
- The construction managers supervises the construction process and coordinates the design team
- The CM has no contractual links with the trade contractors or members of the design team
- Their role includes preparation of the programme, determining requirements for site facilities, breaking down the project into suitable works packages, obtaining and evaluating tenders, co-ordinating and supervising the works
- When might MC be appropriate?
- On large, complex projects were the advantages of CM can be put to use e.g. upfront buildability knowledge, programme advise, specialist input from trade contractors
- Where early start on site is key
- Flexibility in design, procurement, construction strategy
- Where price certainty before commencement is not key
- Where the client is experienced in construction
- What are the advantages of MC?
a) Overall project duration reduced by overlapping design and construction
b) Construction manager can contribute to the design and project planning processes
c) Roles, risks and relationships for all parties are clear
d) Changes in design can be accommodated without paying a premium
e) Prices may be lower due to direct contracts with trade contractors
f) Client has means of redress to trade contractors through direct contractual links