Procurement and Tendering Shortfalls Flashcards

1
Q

What are the key advantages of traditional procurement?

A
  • Employer retains design
  • Design finished before contractor’s tender
  • Price cetainty can be achieved
  • All tenders price on the same documentation
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2
Q

What are the key dis-advantages of traditional procurement?

A
  • Lengthier time than D&B
  • Zero contractor input
  • Risks held by the Employer
  • Dual points of responsibility
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3
Q

When is traditional procurement most appropriate?

A
  • When time is not a priority
  • When Client wants to retain control over design
  • When cost certainty is important.
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4
Q

What are the key advantages of design and build?

A
  • Single point of responsibility
  • Cost certainty
  • Contractor’s experience used
  • Quick start on site.
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5
Q

What are the key dis-advantages of design and build?

A
  • Design is only as good as the client’s requirements
  • More complex to compare tender return
  • Don’t know what you’re getting in terms of quality and look
  • Contractor builds in risk premiums
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6
Q

When is D&B most appropriate?

A
  • when there is need to start on site asap
  • projects which are complex and would need the experience of a contractor
  • inexperienced client - lower risk
  • retaining design, not a priortiy
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7
Q

What are Contractor’s proposals?

A

Where the Contractor responds to Employers Requirements - detailed design for the Client’s approval.

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8
Q

What is Construction Management?

A

Employer directly appoints multiple sub-contractors.

  • Construction manager programmes and co-ordinates work, they have no contractual link with trades, construction manager carries no risk.

Design needs to be available.

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9
Q

What is Management Contracting?

A

Employer appoints someone like LOR/Skanska to manage the build.
Management contractor paid a fee.
Design doesn’t necessarily need to be available.

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10
Q

What are the advantages of Construction management?

A
  • Speed to site
  • Project duration reduced by overlapping design and construction
  • Changes easily accommodated
  • Prices lower due to direct link with trade contractors
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11
Q

What are the dis-advantages of Construction management?

A
  • price certainty not achieved until last package let
  • requires a pro-active employer to work
  • Employer has lots of consultants to manage.
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12
Q

When is construction management appropriate?

A
  • When the employer is experienced and has resources to manage project
  • Employer wants quick start on site
  • Employer wants flexibility
  • When project is complex and needs input from specialists.
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13
Q

Which route is most risky for the employer?

A

Construction management because the construction manager carries no risk (apart from professional negligence) and there is a wide range of people to deal with.

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14
Q

What are the advantages of management contracting?

A
  • Packages let competitively
  • Single point of responsibility
  • Have management contractor buildability input
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15
Q

What are the dis-advantages of management contracting?

A
  • Price certainty not achieved until last package let
  • Requires pro-active employer
  • Can be expensive based on fee
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16
Q

What is a Framework?

A

An umbrella agreement where a party enters into an agreement with one or more suppliers/subcontractors/consultants to establish terms.

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17
Q

How long can a framework agreement be?

A

2 - 10 years. But usually 4 years.

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18
Q

What are the advantages of frameworks?

A
  • Can help develop stronger relationships between parties
  • Time saving - can speed up procurement/sale of goods
  • Rates and prices agreed up front.
  • encourages collaboration.
19
Q

What are the disadvantages of frameworks?

A
  • Contractors/suppliers can become complacent
  • May restrict new suppliers who offer innovation etc.
  • Bidders can invest time and money to be entered into a framework but not potentially receive any work.
20
Q

Why might an employer choose a framework?

A
  • To support reduced procurement timescales
  • A framework allows
20
Q

Why might an employer choose a framework?

A
  • To support reduced procurement timescales
  • A framework allows
21
Q

Why might an employer choose a framework?

A
  • To support reduced procurement timescales
  • A framework allows
21
Q

Why might an employer choose a framework?

A
  • To support reduced procurement timescales
  • A framework allows employer to invite tenders from suppliers on a call-off basis.
22
Q

What is partnering?

A

Example - the Wessex capacity alliance
- Collaborative management approach which encourages trust and openness
- risk spread across parties
- Encourages contractors to work together to meet a common goal.

23
Q

What are the advantages of partnering?

A
  • Conflict reduced
  • Improved value
  • Improved customer satisfaction
  • Improved buildability
  • Improved communication
24
Q

what are the dis-advantages of partnering?>

A
  • might be differing cultural views, ethics, attitudes
25
Q

What information is included within a tender pack?

A
  • ITT - Invitation to tender letter, information
  • Employers requirements
  • Contractual conditions
  • Pricing document
  • Drawings
  • Scope
  • Specifications
  • Information on how errors will be dealt with
26
Q

what is a bonafide tender?

A

A tender which is submitted in good faith, complete and meets the bidding requirements without collusion.

27
Q

What is the OJEU?

A
  • Official Journal of the European Union
  • It’s an online portal.
  • Now that the UK has left the EU, the UK now use a new portal service called FTS (Find a Tender) service
28
Q

What is a PQQ?

A

Pre-qualification questionnaire - Helps the contractor/employer see if the tendering party has the right skills, knowledge etc. to undertake the job

29
Q

What is the purpose of a PQQ?

A

Reduces the number of tenderers and leaves those who are genuinely right for the job.

30
Q

What is a single stage tender?

A

Issued at RIBA stage 4.
A select number of tenderers are given one opportunity to submit their bid forward.
Tendering process usually 10-12 weeks.

31
Q

What is a two stage tender?

A

Stage 1 - employer provides information to contractors.
the contractors then compete for preferred bidder status.
Preferred contractor enters into a PCSA.

Stage 2 - Once design complete, employer enters into negotiation with contractor to agree the final contract, programme information etc.

32
Q

What is negotiated tender?

A

Involves only one Contractor who is invited to submit their price for a project.

33
Q

What is a form of tender?

A
  • Contractor signs and returns with their proposed submission.
34
Q

what information is in a tender?

A

Tender sum, construction period, tenderer details and signature, acceptance of terms and conditions.

35
Q

Apart from price, what else would you need from a tenderer?

A
  • H&S information, logistics plans, social value strategy, inclusion and diversity policy, previous experience
36
Q

Once tenders have been submitted, what should be examined?

A
  • pricing errors
  • Pricing method
  • Resolve qualifications
  • numerical errors
  • Items not priced
  • Front loading
37
Q

What is the danger of accepting a low tender?

A
  • Tenderer may try to recover their costs in the future via VO’s
  • Tenderer may be in poor financial position and eager to win work
  • Project may not be priced accurately and cause issues down the line.
38
Q

How would you deal with errors within a tender?

A

Option 1 - Tenderer given details of their errors with an opportunity of confirming or withdrawing.

Option 2 - Tenderer given the opportunity of confirming their offer or amending it to correct genuine errors.

39
Q

How would you deal with errors within a tender?

A

Option 1 - Tenderer given details of their errors with an opportunity of confirming or withdrawing.

Option 2 - Tenderer given the opportunity of confirming their offer or amending it to correct genuine errors

40
Q

How would you deal with a front loaded tender?

A
  • Request that the contractor removes the front loading.
41
Q

What is included within a tender analysis report?

A
  • list of tenders received
  • Comparison of tender return
  • Recommendation
  • Any qualifications
  • Issues to be resolved.