Procurement and Tendering Flashcards

1
Q

What is procurement?

A

The process of purchasing goods or services. The Procurement route should follow a strategy which meets the objectives of the client.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is tendering?

A

The process of selecting a supplier that will deliver the goods or services.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the different procurement routes?

A
  • Traditional
  • Design and build
  • Construction Management
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Level 3 - What are the main elements of the contract award paper on Beckton Depot and what did you advise?

A
  • Summary of works
  • Contract choice
  • Any issues/risks
  • Tender process and results
  • My recommendation
  • Approvals

I recommended the contract be awarded to the Most Economically advantageous Tender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What is MEAT?

A

Most Economically Advantageous Tender.

A contractor selection process which does not just use price as a means of winning the contract. Price and quality determine the recommended contractor.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What price quality ratio did you chose for Beckton depot tender?

A
  • Price 60%
  • Quality 40%
  • I advised that although quality was important the lower complexity of the works meant a higher weighting should be given to the price.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Level 3 - On Elephant and Castle ID Survey what were the stages of the procurement process?

A
  • I wrote a procurement strategy
  • Created and issued tender documentation to suppliers
  • Evaluated tender returns
  • Awarded a contract to the winning bidder.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Level 3 - When writing the procurement strategy for Beckton Depot enabling works why did you advise design and build would be best?

A

I advised the client that as they needed to make an early start on site that their was opportunity to overlap design and construction. The client was risk averse so this option meant the design and build risk all sit with the contractor. The design was not overly complex and the employer had a list of requirements that would give the desired outcome regardless of methodology.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Level 3 - On Elephant and Castle ID Survey what were the stages of the tender process?

A
  • Shortlisted suppliers were issued an expression of interest
  • Prepared and issued ITT docs
  • Managed Tender clarifications
  • Evaluated Tender returns
  • Managed consensus meeting
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What should you first examine on return tenders?

A
  • Signed form of tender
  • Arithmetical Errors
  • Pricing errors Pricing methods i.e. front loading
  • Qualifications Check proposal against employers requirements
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Level 3 – Why did you advise on procuring through a pre-qualified list of suppliers and how did you do it?

A

The project manager had a focus on minimizing time and risk. I advised that selective tendering is faster than open tendering as pre-qualified suppliers can be used to shortlist potential tenderers. This included their level of experience, capacity for the size of the works and financial standing. This then narrows the search to suppliers who are capable and able to do the work.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

How did you chair the tender evaluation consensus meeting on Elephant and Castle?

A
  • Invite all the tender evaluators to a meeting
  • Go through each evaluator score for each bidder and question.
  • Confirm the requirements of each question
  • Invite the evaluators to discuss why they scored the score they did.
  • Mediate the discussion to reach an agreed score to settle on for each question.
  • Record the results
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How would you deal with errors and omissions in a tender?

A

The method of dealing with errors should have been outlined in the instruction to tenderers. The basic options are either to allow the contractors to correct their error or for the contractors to stand by their price. The basic options are either to allow the contractors to correct their error or for the contractors to stand by their price.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

If a tenderer is late in submitting his bid, what would you advise the tenderer?

A

That the tender being accepted would be at the client’s discretion, however it is likely they would not be accepted to avoid fraud, collusion or bid-rigging.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What is traditional procurement?

A

• The design is completed by the clients design team before competitive tenders are invited and a main contractor employed to build what the designers have specified. • Contractor takes risk for construction • Client takes risk for design

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the advantages and disadvantage of traditional procurement?

A

Advantages: More control over design, Cost certainty of construction, Greater opportunity to value engineer Disadvantages: Takes longer, Design and build are separate so no interface, Two tender periods

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is Design and Build Procurement?

A

Where the contractor is responsible for the design of the works and then the construction. Usually 1 or 2 stage to the tender. The employer will detail their requirements and the contractor will design it to meet them requirements and build it.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the advantages and disadvantage of design and build?

A

Advantages: Single point responsibility, more efficient and quicker, better buildability. Disadvantages: Client has lets control on design, less emphasis on quality, harder to compare tenders with differing designs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is Management Contracting?

A

• A management contractor is employed to contribute their expertise to the design and to manage the construction and is paid a fee for doing so • A method where overall design is the responsibility of the client’s consultants, and the contractor is responsible for defining packages of work and then for managing the carrying out of this work through separate trades or works packages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What types of tendering strategies are there?

A

• Single stage tendering • Two Stage tendering • Negotiated Tender

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

What is a single stage tender?

A

Single-stage tendering is the more traditional route, used when all the information necessary to calculate a realistic price is available when tendering commences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a 2 stage tender?

A

A two-stage tender process may also be adopted on a design and build project where the employer’s requirements are not sufficiently well developed for the contractor to be able to calculate a realistic price. In this case, the contractor will tender a fee for designing the building along with a schedule of rates that can be used to establish the construction price for the second-stage tender.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

When would you advise a client to follow a negotiated tender path?

A
  • When the client has a pre-existing relationship with a contractor. - When the works needs to go on site quicker with less time and resource gone into tendering - When OJEU is not required
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

What are the advantages/disadvantages of single stage tender on traditional contracts?

A

Advantages - Most competitive price - The most linear form of tendering Disadvantage - No contractor involvement - May lead to high levels of provisional sums and risk items on the client side - Programme implication to include tender period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

What are the advantages/disadvantages of 2 stage tender on MC/CM contracts?

A

Advantages - Increased contractor involvement in design - Some degree of competition - Ability to overlap design and tendering Disadvantages - Lack of competitiveness during 2nd stage - Programme implication to include a tender period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

What are the advantages/disadvantages of negotiated tender on MC/CM contracts?

A

Advantages - No tendering required in programme Disadvantages - No competition at all on Prleims and OHP and programme

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

How does CM differ from Management Contracting?

A

In MC the contractor will have contracts with subcontractors whereas in CM it is the client.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What are the advantages/disadvantages of single stage tender on D and B contracts?

A

Advantage - Most competitive price Disadvantage - Contractor not fully understanding may lead to a ‘higher risk allowance’ - Programme implication to include tender period

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

What are the advantages/disadvantages of 2 stage tender on D and B contracts?

A

Advantages - Contractor involvement may reduce outstanding design/ construction risk - Ability to overlap tendering and design Disadvantages Lack of price certainty until the end of the second stage. Potential for a Contractor not to retain a focused commitment through the second stage of the tendering process (thereby not achieving the most advantageous and timely work package prices) All work package costs are transferred to the Client.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

What are the different types of partnering contracts?

A

Partnering agreements include the project partnering contract PPC2000, the term partnering contract TPC2005, the NEC partnering agreement and the ICE Partnering Addendum. There is also JCT Constructing excellence.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

What are the methods of selecting tenderers?

A

-Open tendering - Selective tendering - Single contractor selection

32
Q

What is OJEU?

A

Official Journal of the European Union

33
Q

What is the effect of OJEU on tendering?

A

OJEU publishes tendering opportunities subject to public procurement rules set out by the EU. The threshold which dictate the rules change every 2 years. This is £4.7m government works contracts for 2020/2021.

34
Q

How have you advised on the appropriateness of various procurement routes?

A

Design and build – simple design works that wasn’t bespoke. Framework Open tender Selective tender Whilst on Beckton depot enabling works 2 I advised the client on the most appropriate procurement route. I firstly understand the clients requirements, in terms of time, quality, cost and scope. Their focus was on time – find shorter route available. Not overly complex. Analyzed each option. Framework, selective, wrote a procurement strategy. What their risk appetite is. In this case they had a budget that was not overly flexible. Duration of project Detail how we would procure – mini competition between suppliers on a TfL framework, pre qualified. Expression of interest – and create a tender pack to send out to interested bidders. Tender evaluation, contract award – delivery.

35
Q

What are the public contract regulations?

A

The Public Contracts Regulations 2015 implement in England and Wales the new EU Directive 2014/24/EU on public procurement.

36
Q

What are the utilities contract regulations?

A

The Utilities Contracts Regulations 2016 implement the 2014 EU Procurement Directive on Utilities Contracts. The Concession Contracts Regulations 2016 implement the 2014 EU Procurement Directive on Concession Contracts.

37
Q

What are frameworks?

A

A procurement framework is an agreement put in place with a provider or range of providers that enables buyers to place orders for services without running lengthy full tendering exercises. Frameworks are based on large volume buying.

38
Q

What is e-tendering?

A

The online tendering process is online and managed on a portal to communicate with suppliers. Makes for easy auditing, communication, time keeping, reach a wider audience, can save time rather than post.

39
Q

E-tendering pros and cons?

A

Pros - Safer delivery of information, quicker, cheaper, reach foreign markets, auditable Cons - Lack of awareness and understanding Possible lack of access

40
Q

How is e-tendering in line with EU regulations?

A

Under OJEU - New rules on e-procurement in the EU are now in force: tender opportunities must be published on Tenders Electronic Daily (TED) procurement documents must be accessible electronically and a link must be included in the TED notices mentioned above

41
Q

What are qualifications?

A

Tenders may contain a number of comments or technical qualifications, which may include proposals for alternative similar approved materials. It is essential that the surveyor seeks clarification and recommendation from the relevant surveyor on these matters, for clarification within the tender analysis report, if necessary.

42
Q

What is Novation?

A

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 the architect transferred to the contractor

43
Q

What is the difference between novation and assignment?

A

A novation agreement transfers both the benefits and the obligations of a contract to a third party. In contrast an assignment does not transfer the burden of a contract. This means the outgoing party remains liable for any past liabilities incurred before the assignment.

44
Q

If the design team is novated, what should the client put in place?

A

A collateral warranty to the design team. Creates a contractual relationship between parties where there would otherwise not have been any.

45
Q

What is early market engagement?

A

At the early stages of the project engagement with suppliers in an open or private forum to gauge their input on the project ideas and if it is something they might be interested in bidding for.

46
Q

What is the Railway Industry Supplier Qualification Scheme?

A

Approved supplier list that enables employers to find the correct skilled suppliers to deliver the works

47
Q

What are the benefits of sending an expression of interest?

A

Decrease bidders to those who are interested rather than managing a large amount of suppliers who may not bid. Gauge interest before you consider creating and releasing a tender.

48
Q

Why did you keep the bidders anonymous from the project team?

A

To ensure the evaluators didn’t have associate any bias from previous relationships with suppliers.

49
Q

What would you do if a bidder submitted a late bid?

A

The late submission documents would not be allowed within their submission as part of a public procurement Private may have more options but could still be a question of fraud or bid rigging from other bidders.

50
Q

What documents did you include in the ITT?

A

• Letter of information • Site information • Technical specification • Works information • Form of agreement/tender • Contract data part 1 and 2 • Contract conditions • Drawings • Pricing document • Evaluation criteria

51
Q

What goes into a tender report and how have you advised on one?

A

A tender report is a brief history of the tendering process and an analysis of each tender submission and any subsequent negotiations. … The tender report provides an audit trail for the selection process and might include: The background to the contract. The scope of the contract. I have written a contract award paper which details this information, this was for senior management sign off. I advised the commercial manager on the steps I had taken including • The background to the contract. • The scope of the contract. • Pre-qualification criteria. • The tender evaluation criteria. • Reasons for rejection of unsuccessful tenders. • Reasons for the recommendation. • A summary of any post-tender negotiations. • Comparison with the pre-tender estimate. • Any implications for the project.

52
Q

How would you go about advising a client on the appropriate procurement route to follow?

A

I would organise a procurement workshop with the client. I first understood the client brief and built on from this at the meeting. This would involve asking key questions related to the clients drivers relating to time, cost, quality and risk and then looking at the level of priority of each. Other key considerations would be the project type (size of project, complex design with specialist input needed?), market condition, statutory regulations (OJEU).

53
Q

How did you evaluate the commercial proposals on Beckton depot?

A

Record on tender opening sheet (price and programme) at correct time and date - Check for errors and conflicts -Raise tender queries -Equalisation/ Normalisation -Agree cost with contractor -Recommendation - Notify tenderers of result

54
Q

You normalised the tenders, did this have an impact on the outcome. What is normalisation, why do it, what do you do at the end?

A

Normalisation is a process of tender evaluation whereby I would make sure all tenders are like for like. For example, if there is an item in the tender which has been added for one tender, if the item is relevant, this item would be added to all tenders. I would state that the normalised price is not a contractual figure and this would still need to be confirmed with the tenderer. Ways of normalising: 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.

55
Q

If you discovered an arithmetical error in a tender what would you do?

A

I would need to follow the correcting errors procedure set out in the ITT

56
Q

When considering a procurement what would you take into consideration when looking at Cost?

A
  • Is a Lump Sum, Target Cost or Re-measurement option required when the contractor is appointed
  • The impact of inflation over a lengthy contract period
  • The risk acceptable to the client
  • What level of risk is acceptable to the contractor
57
Q

How were tender queries dealt with?

A

I assembled a query sheet which i sent to each contractor. I then compiled all of the queries and answered them which was sent back to all contractors.

58
Q

What regulation does OJEU fall under?

A

Public procurement contracts 2015.

59
Q

What is a Bona Fide tender?

A

A Certificate of a Bona Fide Offer is a form that suppliers are required to sign to show the offer they are putting forward to tender and is the true offer that will be available if the tender is won by the supplier.

60
Q

What is the difference between open tendering and selective tendering?

A

Open tendering allows anyone to submit a tender to supply the goods or services that are required. Selective tendering only allows suppliers invited from a pre-selected list to take part in the tender process.

61
Q

Now that it has been decided to leave the EU what impact, if any, will this have on tendering procedures?

A

This year is the transition period, so there will be no change, however EU processes like OJEU still remain uncertain and depend on the UKs deal with the EU.

62
Q

What do you understand by OJEU? What are the regulations and do what do they apply?

A

Official journal of the European Union. Public projects must comply with the regulations if the value of contracts is above specified thresholds. Aggregation rules apply to projects tendered in parts to prevent clients from avoiding the requirements of the regulations by simply dividing projects up into contracts that are below the threshold.

63
Q

What advice would you give your client if a tenderer is late in submitting?

A

• Public client: Late cannot be accepted unless they had sent it and it hadn’t arrived and they could prove it.

64
Q

What happens in the 1st stage of a 2 stage tender?

A

The contractor will appoint a design team, the design will commence. Once designs are complete, there must be a conversation between the design team, if KPIs are ticked, the designs will be passed to the contractor’s commercial team who will price the project. The client’s QS team will then advise the client on the prices. QS will monitor all subcontractors prices throughout the subcontractor procurement.

65
Q

Explain the OJEU process

A

• Where a project is over a certain value it must be advertised in the OJEU: • There are 4 procedures under OJEU:- o 1) Open - any contractor allowed to tender for the work o 2) Restricted - carried out in 2 stages 1st stage - open, 2nd stage - only contractors are invited that meet specific criteria o 3) Negotiated - where competition is inappropriate, a single contractor is approached to negotiate a price. o 4) Competitive Dialogue - Provides alternative to open and Restricted Procedures under OJEU. Similar to ECI process except that all contractors are involved • A PIN is placed in OJEU at start of year to indicate what projects coming up. • Once the project is let a Contract Notice is placed in OJEU providing further details of procedure to be followed. • Once the contract has been awarded a Contract Award Notice must be published in the OJEU within 48 days of award.

66
Q

What is serial tendering?

A

Serial tendering is, in effect, a standing offer to carry out a series of projects all based on the priced bills of quantities for the first project, which becomes the ‘master’ priced document.

67
Q

What is the difference between a public and private procurement?

A

Transparency Information such as a contract opportunity, contract award, pricing, and timing are all included in reports made at regular intervals. There must be an equal opportunity provided by the government to each entity wishing to do business with them that meets the requirements. Bid openings are, therefore, public events. Private entities do not need to provide equal opportunities, and will often withhold information that is not necessary to the bidding suppliers. Maximize profit.

68
Q

What are the main factors that influence procurement route selection?

A

Time Cost Quality Risk Allocation You can not satisfy all of these considerations with one selection but you must understand a clients requirements to get the best route for them.

69
Q

What are the advantages of frameworks?

A

Preferential costs and rates pre determined. Repeat work Collaborative Build up a relationship Speed to implement

70
Q

What are the disadvantages of frameworks?

A

Costly to set up if not then utilized Contractors performance may drop

71
Q

What is a PQQ?

A

Pre Qualification questionnaire - series of questions for interested bidders to complete to see if they meet certain criteria. It reduces the amount of bidders causing more work for the procurer.

72
Q

What might you ask for in a PQQ?

A

Company details Financial Information Health and Safety record Environment policy

73
Q

What is a standstill period and how long?

A

10 calendar days - Allows time for a challenge

74
Q

What should you expect to see in a returned tender?

A

Signed form of agreement Tender sum Time valid for Confirmation CV’s Technical proposal Programme

75
Q

What is the danger in accepting a very low bid?

A

They might have made a mistake in their bid May be offering poorer quality Maybe plan on recovering cost through claims and variations