Procurement and Tendering Flashcards

1
Q

What is procurement?

A

The overall act of buying goods or services

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2
Q

What are the main factors that typically govern procurement route selection?

A
  • Programme: is an early start on site required
  • Cost: does the employer need cost certainty?
  • Design: does the employer want control of the design? All design or just a portion?
  • Employer’s experience: has the employer had previous construction experience?
  • Sub-contractors: does the employer wish to retain control over procurement of sub-contractors or to nominate/name specialist subcontractors?
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3
Q

What procurement options can you name?

A
  • Traditional
  • Design & Build
  • Management Contracting
  • Construction Management
  • Framework Agreements
  • Partnering
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4
Q

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

A
  • ITT
  • Form of tender
  • Employers Requirements (drawings, performance specification, scope of services)
  • Draft Contract and amendments
  • Preliminaries and general conditions
  • Tender pricing schedule
  • Pre-Construction Information
  • Working practice: contractors working guide
  • Tender query schedule
  • Provisional programme
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5
Q

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

A
  • Tender instructions
  • ITT
  • Form of tender
  • Preliminaries document
  • Draft contract
  • Pricing document; BoQ, activity schedule or cost estimate (cost+)
  • Quality questions (experience / methodology)
  • Completed design Drawings & specifications
  • Pre-Construction Information
  • Tender Return Slip
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6
Q

What’s an invitation to tender (ITT)?

A

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

May follow a PQQ

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7
Q

What are instructions to tenderers?

A
  • Explains the tender process
  • Timescale for response
  • An explanation of how queries will be dealt with
  • Evaluation process and any evaluation criteria
  • The submission required in response to the invitation to tender
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8
Q

What is a form of tender?

A

A covering document prepared by the employer and signed by the tenderer to indicate that it understands and accepts the various terms and conditions of the tender documents and other requirements of participation.

Might include:

  • Return date / time
  • Date, name and address
  • The price and any adjustments
  • Date until which the price remains valid
  • Period of time allocated for the works, or completion date
  • Acceptance of T&Cs
  • Qualifications
  • Who will bear cost of preparing the tender
  • Confirmation of tender being genuine and bona fide
  • Signature and tenderer details
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9
Q

How many contractors would you recommend tendering to?

A

3-6 Traditional
< 4 for D&B
- Due to the large overhead / abortive costs of producing tender information and evaluating it

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10
Q

Name three tendering procedures

A
  • Single stage
  • Two stage
  • Negotiation
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11
Q

What documents should be sent out in a PQQ?

A
  • Enquiry letter
  • Project information schedule
  • Project brief
  • Evaluation details
  • Pre qualification questionnaire
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12
Q

What should a project information schedule include?

A
  • Project estimated value
  • Employer, professional team, point of contact
  • Tender procedure to be used
  • Programme
  • Procurement strategy / Contractor’s design requirements
  • BIM requirements if applicable
  • Contract and amendments
  • Contract particulars including requirements for collateral warranties, third party rights, bonds, insurances
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13
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).

It is undertaken to enable comparison of competing tenders.

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14
Q

What is Traditional procurement and what are the key features?

A

Traditional procurement involves separating design from construction.

The client appoints consultants to design the project in detail, contractors are then invited to submit tenders for the construction of the project.

Key features:

  • Design is completed before competitive tenders are invited (other than temporary works)
  • Contractor is employed to build what the designers have specified
  • Contractors tender based on complete design
  • Costs can be determined with reasonable certainty before construction
  • Pricing documents can include - bill of quantities, specifications and drawings
  • Client retains design consultants through Construction Phase to provide any additional design information, review Contractor’s designs and inspect the works.
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15
Q

What are the advantages and disadvantages of Traditional procurement?

A

Advantages:

  • Client retains control of the design
  • Tenders based on complete design therefore easier to compare
  • Reasonable price certainty at contract award
  • Post-contract changes are easy to arrange and value
  • No built-in contractor risk premium

Disadvantages:

  • Overall programme longer
  • No buildability input into design
  • No overlap between design and construction
  • Client retains design risk
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16
Q

When is Traditional procurement appropriate?

A

Client has specific design requirements
Cost certainty is important
Shortest programme is not main priority

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17
Q

What is Design & Build procurement and what are the key features?

A

Contractor responsible for undertaking both the design and construction work for an agreed lump-sum price.

Client gives the tenderers the ‘Employer’s Requirements’ and the contractors respond with the ‘Contractor’s Proposals’ which include the price for the works.

Key features:

  • Contractor is responsible for the design, planning, organisation, control and construction of the works to meet ERs
  • Design team appointed by the client compile the client’s brief and produce the ERs.
  • Contractor assumes the risk and responsibility for designing and building - prices in risk in offer
  • Tenderers return their CPs in response to the ERs
  • Original design team may be novated or contractor may appoint his own team
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18
Q

What are the advantages and disadvantages of Design & Build procurement?

A

Advantages:

  • Single point of responsibility
  • Earlier commencement on site
  • Early price certainty
  • Buildability input into design
  • Design and construction risk sit with contractor
  • More cost certainty than Traditional

Disadvantages:

  • Client difficulty in preparing suitable brief
  • Design only as good as ERs
  • Client usually must commit to a concept design early
  • Harder to compare tender returns
  • Client changes can be difficult to value / expensive
  • Client has less control over aesthetics and quality
  • Contractor will build in risk premium
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19
Q

When is Design & Build procurement appropriate?

A
  • Need to make early start on site
  • Client wishes to minimise risk
  • Technically complex projects (buildability input)
  • Client doesn’t want to retain control over design development
  • Refurbishment projects as risk of existing building is passed to contractor
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20
Q

What are the principles of Employer’s Requirements in a Design & Build procurement?

A
  • Provide a description of the client’s requirements - specification, scope of services
  • CPs are prepared in response to ERs - contractors suggested approach for designing and constructing the building
  • Once contract let, client has no direct control over the contractor’s detailed design
  • Contractor’s Proposals take precedence unless amended in contract
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21
Q

What is Construction Management procurement and what are the key features?

A

Works are constructed by a number of different trade contractors. The contractors are contracted to the client but managed by a construction manager.

Key features:

  • Client places direct contract with each trade contractor
  • Utilises the expertise of a construction manager who acts as a consultant and co-ordinates the contracts
  • Construction manager has no contractual links to contractors (no financial or programme risk)
  • CM provides programme, design co-ordination, and buildability advice
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22
Q

What are the advantages and disadvantages of Construction Management procurement?

A

Advantages:

  • Speed to get onto site
  • Can overlap design / construction
  • CM can contribute to design and programming
  • Changes in design can be accommodated
  • Prices might be lower (no main contractor)
  • Client has direct control over procurement of sub-contractors
  • Client has direct redress to contractors

Disadvantages:

  • Client takes risk on programme and cost
  • Price certainty not achieved until last package is let
  • Changes to later packages may impact earlier packages already let (expensive)
  • Client needs to be informed / proactive
  • CM lacks incentive to strive for value for money (works on fee)
23
Q

When is Construction Management procurement appropriate?

A
  • Large, complex projects where advantages of CM can be used
  • Early start on site is key
  • Flexibility in design is required
  • Price certainty before commencement isn’t required
  • Client experienced in construction
24
Q

What is Management Contracting procurement and what are the key features?

A

Works are constructed by a number of different works contractors who are contracted to a Management Contractor

Key features:

  • Management Contractor is paid a fee to provide expertise in the design and management of construction
  • MC sits contractually between client and trade contractors
  • MC takes responsibility for the works without carrying out the works
  • Suitable for medium/large projects where full design information isn’t available at start on site
25
Q

What are the advantages and disadvantages of Management Contracting procurement?

A

Advantages:

  • Shorter programme (overlap of design and construction)
  • Buildability due to MC input into design
  • Design changes can be accommodated on packages not let
  • Single point of responsibility
  • Trade packages let competitively and transparently
  • MC responsible for programme (LADs can apply)

Disadvantages:

  • Price certainty not achieved until last package is let
  • Changes to later packages may impact earlier packages already let (expensive)
  • MC little incentive to reduce costs (less open book than CM)
  • MC has little legal responsibility for defaults of contractors (in practice)
  • Client has to be informed / proactive
  • Client responsible for cost (not MC)
26
Q

When is Management Contracting procurement appropriate?

A
  • When client does not need cost certainty prior to commencement
  • Early start on site a priority
  • Flexibility in design is required
  • Buildability input from MC is required
27
Q

What is the difference between Procurement and Tendering?

A

Procurement: overall act of obtaining goods and services from external sources. Includes the strategy on how those goods are to be acquired, determined by the client’s requirements relating to time, cost, quality and their attitude to risk.

Tendering: the method of obtaining the price and resources necessary to carry out the required work.

28
Q

What is a Pre-Qualification Questionnaire and what is its purpose?

A
  • Sets out a series of questions for potential tenderers to answer regarding their level of expertise, capacity and financial standing
  • Answers enable the client to produce a short-list of suppliers that may be invited to tender.
  • Reduces the number of potential tenderers to those that are genuinely appropriate for the project.
29
Q

What might be included in a Pre-Qualification Questionnaire?

A
  • Company details
  • Insurance
  • Financial information (recent accounts)
  • Relevant experience
  • Technical expertise
  • Capability and capacity
  • H&S policy and records
  • Quality assurance policy
  • Environmental management policy
  • Equal opportunities policy
  • Ethical statements (money laundering, modern slavery, etc.)
  • References
30
Q

What is single-stage tendering and what are the advantages and disadvantages?

A

Obtaining a price for the whole of the construction works.

ITT are issued to a number of competing contractors who are all given the chance to bid for the project based on identical tender documentation. Usually done at RIBA Stage 4.

Advantages:

  • Efficient route to obtaining a contractor
  • Provides competitive pricing
  • Can provide early price certainty

Disadvantages:

  • No buildability input from contractor
  • Price only as good as design information
  • Design changes will undermine the cost certainty of a lump sum tender
  • Some contractors may be unwilling to tender in a good climate (too much competition)
  • Some contractors will provide an unrealistic price to win the work
  • May lead to added cost pressures and ultimately a drop in quality
31
Q

What is two-stage tendering and what are the advantages and disadvantages?

A
  • Used to achieve early appointment of contractor
  • Contractor appointed on a competitive basis in first stage
  • First stage usually based on deliverables such as construction programme, method statement, detailed prelims and OH&P
  • Second-stage is a negotiation on lump sum contract
  • Relies on competition between sub-contractor work packages

Advantages:

  • Early appointment of contractor
  • Buildability
  • Innovation
  • Increased VE opportunities
  • Project risk identification / mitigation

Disadvantages:

  • Lack of competition at second stage
  • Premium paid for negotiations at second stage
  • Additional cost of pre-construction services (first stage)
  • Potential parties can’t agree lump sum
  • Client reluctance to dismiss underperforming contractor once integrated into the team
32
Q

What do tenderers typically return in the first stage of a two-stage tender?

A
  • Detailed build up of prelims
  • % OH&P
  • Construction programme
  • Firm price for any parts of completed design
  • Method statements
  • Design (if applicable)
33
Q

What is negotiated tendering and what are the advantages and disadvantages?

A

Single contractor is approached based on their track-record or previous relationship, the terms of contract are then negotiated. Might be appropriate for highly specialist contracts.

Advantages:

  • Simplicity, no tender analysis
  • Speed
  • Ability to feed in lessons learned with known contractors

Disadvantages:

  • Delays due to protracted negotiations
  • Cost premium due to lack of competition
  • Less cost certainty before commitment
34
Q

What is the OJEU process?

A
  • Official Journal of the European Union
  • Lists all relevant tender notices and contract awards within the EU.
  • Intended to create a fair and equal opportunity across the EU.
  • Thresholds for compliance: £4.7M for works contracts, £0.9M for small lots.
  • Different tender options: Open, Restricted, Competitive Dialogue, Competitive Negotiation
  • Open tender 35 days
  • 10 calendar day stand-still period after contract award notified to bidders
35
Q

When might a tender be re-tendered?

A
  • Not enough returns
  • Tendering procedure was compromised
  • Tenders not at cost level required, believed that re-tendering would provide a different result
  • Design changes or VE have significantly changed the design
  • Client wants to delay (e.g. lack of funding)
36
Q

What is included within a tender report?

A
  • List of tenders received
  • Initial tender return totals
  • Evaluation method
  • Any qualifications identified
  • Post-tender adjustments
  • Revised tender sum
  • Comparison of tender returns
  • Comparison with pre-tender estimate
  • Recommendation
37
Q

What was included in your tender documents?

A
  • Tender instructions
  • ITT
  • Form of tender
  • Preliminaries document
  • Draft contract
  • Pricing document
  • Quality questions (experience / methodology)
  • Drawings & specifications
  • Pre-Construction Information
  • Tender Return Slip
38
Q

Can you describe the process you went through in the tender process?

A
  • Contractor short list by client
  • Issued tender documentation
  • Site review with each
  • Gathered queries and issued out as a clarifications schedule
  • Conducted tender interviews
  • Tender opening record
  • Conducted the tender analysis for inclusion of required insurances, warranties, programme review and quality questions (inc H&S record)
  • Developed a tender evaluation report and recommendation
39
Q

How did you manage the tender clarification process?

A
  • Developed a clarification schedule which was sent to each contractor
  • Compiled all of the queries and answered them which was sent to all contractors
  • Ensured contractor clarifying not identified
  • Set internal team a KPI of 2 working days for query response
40
Q

How did you manage the tender interview process?

A
  • Initial clarifications returned to contractors
  • QS completed equalisation process
  • Agenda created - phasing strategy, programme, method statements
  • Design team and client invited
  • Contractor presentation
  • Chance to understand contractor’s proposals and raise any in-depth queries / concerns
  • Held a debrief with the client
41
Q

What was your role in the evaluation of the tenders?

A
  • Issued return to design team
  • Managed comment/clarification process
  • Conducted the tender analysis for inclusion of required insurances, warranties, programme review
  • Completed evaluation of quality questions (inc H&S record)
  • Reviewed contract acceptance
  • Participated in moderation process
  • QS updated contract documents
42
Q

What surveys were you tendering for?

A
  • Topographic
  • Ground Investigation
  • Utilities
  • Drainage CCTV
  • Transport
  • Acoustic
  • Ecology
  • Asbestos
43
Q

What did you include in your tender report to the client?

A

I created a tender recommendation report. Included:

  • List of tenders received
  • Any qualifications
  • Exclusions
  • Tender sum
  • Issues to be resolved
  • Evaluation criteria
  • Evaluation of tender returns
  • Recommendation
44
Q

What do contractor’s proposals include (D&B)?

A
  • Design drawings
  • Specifications / product details
  • Method statements
  • Programme / construction phasing
  • Contract Sum Analysis
  • Detail of insurances
  • CVs of staff + relevant experience
45
Q

How should errors be dealt with during tendering?

A
  • In line with JCT guidance on Tendering 2017
  • Method of dealing with errors should be outlined in Instructions to Tenderers
  • Either allow contractor to correct error or contractor to stand by price / withdraw
  • Resolution confirmed in writing
  • No resolution, contractor to be made aware they are being discounted from the tender
46
Q

What should be done if a tender submission is late?

A
  • Private sector: client decision whether to accept the tender; not advisable due to risk of price collusion, bid rigging, etc.
  • Public sector: not considered
47
Q

What timeframes are recommended for tendering periods?

A
  • Single-stage with no contractor’s design >28 days
  • D&B with no design completed - 3-4 months or more with specialist work; with detailed designs in ERs the period will be much less
48
Q

What to do when opening tenders?

A
  • Complete a tender opening form
  • All tender returns opened at the same time
  • Another professional present to supervise
49
Q

How would you cover your liability (Ridge) in a private sector capacity if the client said I want you to open a late tender?

A

I would ask the write to the client stating that the tender was late, and ask for confirmation on how to proceed.

50
Q

There are some inherent risks associated with two-stage tendering, what are those risks?

A
  • Lack of competition in the second stage
  • Premium paid for negotiations in the second stage
  • Additional cost of contractor’s pre-construction fee
  • Potential for parties to not agree contract sum
51
Q

In a two-stage tender how would you proactively manage the risk that a contractor puts up their prices at the second stage?

A
  • Could carry two contractors through to the second stage, the abortive costs of pre-construction services may be worth it
  • Define a procedure for withdrawal should second stage negotiations prove abortive
  • Use a GMP for the building contract
  • Actively seek VE opportunities in Stage 1
52
Q

What would you do if a contractor submitted a tender query and said they don’t want the response to be shared with the other contractors because the information has proprietary information that gives them a competitive advantage?

A

Private:

  • Explain to the client that this isn’t conventional practice
  • Refer to them for a decision
  • Put in writing explaining why you acted as you did

Public:

  • Employer must not conduct negotiations in a way that is likely to distort open competition - reject request
  • Give contractor option of not receiving a response
53
Q

What are the three main types of contractor selection technique?

A
  1. Open
  2. Selective
  3. Single contractor selection
54
Q

What should happen when the tender is opened?

A

All tenders opened simultaneously. A tender opening form completed and ideally witnessed by a professional. Form to include:

  • the tender price (perhaps split into preliminaries, overheads and profit and prime cost)
  • the proposed programme
  • any key comments/exclusions
  • any alternative tender offers; and
  • a confirmation that all documents have been submitted or not.