Procurement & Tendering Flashcards

1
Q

What is procurement?

A

The overall process of acquiring construction work or services.

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2
Q

What should be considered when selecting a procurement route?

A

The specifics of the project. The Client objectives might prioritise any of the following:
- Cost
- Time
- Quality
- Control
- Risk

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3
Q

What are the main procurement methods?

A
  • Traditional (and general contracting)
  • Design and Build
  • Management Contracting
  • Construction Management
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4
Q

What is “Traditional” procurement?

A

Design is completed by the Client design team before competitive tenders are invited and a main contractor employed to construct the works.

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5
Q

How does “Traditional” procurement work?

A
  • The Contractor takes responsibility and financial risk for the construction of the works designed by the Client design team, for a contract sum and within a defined programme.
  • The Client takes on the risk and responsibility for the design and design team performance.
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6
Q

When might “Traditional” procurement be appropriate?

A
  • When the Employer has had the design prepared.
  • If the design is substantially completed at the time of contractor selection.
  • When the Client wishes to retain control over the design and specification.
  • If cost certainty is important.
  • If the shortest overall programme is not of a high priority.
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7
Q

What are the advantages of “Traditional” procurement?

A
  • Retaining control over design can lead to higher quality.
  • Increased levels of cost certainty.
  • Design changes are relatively easy to arrange and value.
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8
Q

What are the disadvantages of “Traditional” procurement?

A
  • Overall project duration may be longer due to a lack of overlap between the design and construction phases.
  • There is no input into the design and planning by the Contractor.
  • A strategy based on price competition can lead to adversarial relations.
  • There is dual responsibility, with design and construction teams retaining responsibility for each.
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9
Q

What is “Design & Build” procurement?

A
  • It is where the Contractor is responsible for the design, planning, organisation and construction of the works to the Employers Requirements.
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10
Q

How does “Design & Build” procurement work?

A
  • The Employer gives the Tenderers the Employers Requirements and the contractors respond with the Contractors Proposals, which include the price for the works.
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11
Q

When might “Design & Build” procurement be appropriate?

A
  • When there is need to make an early start on site as there can be an overlap between design and construction.
  • Where the Client wishes to minimise their risk, as they transfer design responsibility to the Main Contractor.
  • For technically complex projects which would benefit from the contractor’s expertise.
  • Where the Employer does not wish to retain control over design development.
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12
Q

What are the advantages of “Design & Build” procurement?

A
  • A single point of responsibility for the design, and the construction of the development.
  • Earlier commencement on site.
  • Early price certainty is increased.
  • The Client can benefit from the contractor’s experience during the design.
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13
Q

What are the disadvantages of “Design & Build” procurement?

A
  • Clients may find it difficult to prepare a sufficiently comprehensive brief.
  • The Client has to commit to a design concept early in the process.
  • Variations from the original brief are difficult to arrange and are often expensive.
  • It is harder to compare tenders and harder to determine whether value for money can be achieved.
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14
Q

How much design input will the contractor have in D&B procurement?

A

This depends on the amount of design work the Employer has already had completed at the time of tender. This can range from a full design, to production information and co-ordination only.

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15
Q

Who carries out the design for the contractor in D&B procurement?

A
  • It may be outsourced to a separate design company (with the contractor retaining responsibility), or they may have an in-house design team capability.
  • Alternatively, the Client may novate their design team over.
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16
Q

What is Management Contracting?

A

A Management Contractor is employed to contribute their expertise to the design and to manage construction with a fee being paid to them for doing so.

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17
Q

How does Management Contracting work?

A
  • 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 of the design needs to be completed before the first works contractors commence on site.
  • The MC selects the works contractors through competitive open book tender.
  • The Client reimburses the cost of these packages to the MC, plus their management fee.
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18
Q

When might Management Contracting be appropriate?

A
  • Where the Client does not need cost certainty before commencement.
  • Where an early start on site is a priority.
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19
Q

What are the advantages of Management Contracting?

A
  • Overall project duration is shorter due to overlapping design and construction.
  • There is contractor contribution to the design and planning process.
  • Changes can be accommodated in packages not yet let if they have no further impact.
  • The works are let competitively at current market prices on a firm price basis.
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20
Q

What are the disadvantages of Management Contracting?

A
  • The price for the works is not confirmed until the last works package has been let.
  • Changes to the design of later works packages may affect packages already let.
  • There is little incentive for the management Contractor to reduce costs.
  • In practice, the MC has little legal responsibility for the defaults of the works contractors.
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21
Q

What is Construction Management?

A

The Employer places a direct contract with each of the trade contractors and utilizes the expertise of a Construction Manager who acts as a consultant to co-ordinate the contracts.

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22
Q

How does Construction Management procurement work?

A
  • Trade contractors carry out the works
  • The Construction Manager 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 works packages, obtaining and evaluating tenders, and coordinating and supervising the works.
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23
Q

When might Construction Management procurement be appropriate?

A
  • Large complex projects where the advantages of construction management can be utilised. For example, using the CM’s expert knowledge on buildability and programme management.
  • Where an early start on site is required.
  • To maintain flexibility in design and construction strategy.
  • Where price certainty before construction is not considered a key driver.
  • Where the client is experienced in construction.
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24
Q

What are the advantages of Construction Management procurement?

A
  • Overall project duration is reduced by overlapping design and construction.
  • The CM can contribute to the design and project planning processes.
  • Roles, risks and relationships for all parties are clear.
  • Changes in design can be accommodated without paying a premium.
  • Prices may be lower due to direct contracts with trade contractors.
  • The Client has a means to redress to trade contractors through direct contractual links.
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25
Q

What are the disadvantages of Construction Management procurement?

A
  • Price certainty is not achieved until the last trade package is let.
  • Changes to packages may adversely affect packages that have already been let.
  • The Client must be proactive and hands on.
  • The Client has a lot of consultants and contractors to deal with.
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26
Q

What is the difference between Management Contracting and Construction Management?

A
  • Under Management Contracting the client is in a direct contractual relationship with the main contractor only, with trade contractors forming sub-contracts with the main contractor.
  • Under Construction Management the client is in direct contractual relationships with each of the trade contractors.
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27
Q

How do you identify the client requirements before recommending a procurement route?

A
  • Through detailed discussions with the client and design team in order to identify their priorities in terms of cost, time, quality, risk, control requirements and experience.
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28
Q

If the Client wishes to start on site ASAP, which procurement route would you take?

A
  • The recommendation would need to account for their other requirements, such as cost and quality.
  • If time was their over-riding priority then either the Construction Management or Management Contracting may offer the best solution as they can offer the quickest start on site with overlaps between design and construction phases.
  • However, a key tradeoff would be a lack of cost certainty due to the absence of a long tender period.
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29
Q

What procurement route would you recommend if the client wanted an early start, but also cost certainty.

A
  • Design & Build may offer the best solution because it allows the design and construction phases to overlap thus save time.
  • Design and construction risk is transferred to the Main Contractor with their tender being based on a lump sum price to offer high levels of cost certainty.
30
Q

What is “GMP” in terms of procurement and tendering?

A

Guaranteed Maximum Price

31
Q

What does GMP mean to you?

A
  • A lump sum contract under which there is no adjustment of tender price unless design changes are requested by the client.
  • The contractor includes the additional risks involved in the design development process in their tender price.
32
Q

What is PFI procurement?

A
  • Private Finance Initiative
  • A government programme launched in 1992 to bring private sector project management expertise into the public sector.
  • The private sector is granted a concession to finance, design and build and operate major public projects such as schools and hospitals.
33
Q

What are the three types of PFI projects?

A

1 - Financially Free-Standing - project costs are recovered by charging users. E.g. Toll road and bridges.
2 - Joint Venture - Public and private sector stakeholders both invest. However, the private sector has overall control. Contributions and allocation of risk are clearly defined.
3 - Services Sold - The capital expenditure for the project is financed by the private sector and then sold back to the public sector. The public sector requires clear demonstration that this provides better value for money than options 1 & 2.

34
Q

What sort of projects might PFI be used on?

A
  • Its use is recommended where it offers clear value for money compared against traditional public sector procurement.
  • It is generally considered more appropriate for larger projects of a greater value than £20m and where there are significant ongoing maintenance requirements.
35
Q

What might be some of the problems associated with PFI?

A
  • High bidding costs are associated with PFI projects which can take longer to procure than traditional projects.
  • VfM is hard to achieve as the cost of private borrowing is more expensive than public sector borrowing.
  • Long term and inflexible contracts are formed which cannot respond to demographic changes. E.g. A reduction in school cohort numbers can lead to empty classrooms being paid for by local authorities.
36
Q

What is Build Lease Transfer (BLT)?

A
  • A facility is designed, financed and constructed by the private sector and then leased back to the public sector for a pre-determined period of time for a pre-agreed rental cost.
  • The facility is owned by the private sector partner during the lease period, but at the end the public sector partner can renew the lease, buy out the private partner, or just walk away from the deal.
  • Operation and maintenance of the facility during the lease period is usually the responsibility of the public partner.
  • This provides the public sector with a way of financing large scale infrastructure projects based on ongoing revenue rather than high levels of capital expenditure.
  • The primary disadvantage is that the legal ownership remains in the private sector.
37
Q

What is Build Operate Transfer (BOT)?

A
  • The facility is designed, operated and maintained by a concession company for the period of the concession.
  • Ownership of the facility is vested in the host public partner from the time of construction completion.
  • At the end of the period, the concessionaire’s involvement in the project ends and all operating rights and maintenance responsibilities revert to the host public partner.
  • The concessionaire retains all toll income during the agreed period.
38
Q

What is a Build Own Operate Transfer (BOOT)?

A

A variation of Build Operate Transfer (BOT) where ownership stays with the concessionaries until the end of the concession period, at which time is is then transferred free of charge to the host public partner.

39
Q

What is Partnering?

A
  • A long term approach of structuring business relationships.
  • It involves two or more organisations working together to achieve specific mutual objectives and deliver continuous measurable improvements.
40
Q

What is Project Partnering?

A
  • All members of the professional team become involved in the partnering process at the design stage, including contractors.
  • Ownership of risk is spread between the parties and a collaborative approach is encouraged in delivering the solution and overcoming problems.
41
Q

What is Strategic Partnering?

A
  • A long term relationship that is established with a view to undertaking a number of projects over a long time period.
  • Framework agreements are used to set out the over-riding contractual terms with fixed terms and conditions for future purchases.
  • Projects and services are then drawn down on a project by project basis.
42
Q

What are the key characteristics of partnering?

A
  • More trust is achieved between parties.
  • There is a reduced risk of adversarial relationships as pre-determined conditions are agreed by all parties in advance.
  • Increased cost certainty and speed of calling off contracts.
43
Q

What are the benefits of partnering?

A

The overall design and construction programme is shortened because there is prior understanding of the Client and their requirements from previous projects.
- The potential for conflict is reduced.
- Communication is improved
- Pooling of resources and ideas should result in innovative solutions.
- Improved Client satisfaction.
- Recognition of protection of profit margin for contractors and suppliers.
- A team environment is formed that encourages innovation and technical development.
- Improved buildability with early involvement of contractors.
- Better predictability of time and cost.

44
Q

What is tendering?

A

A structured procedure for generating quotations from suppliers or contractors looking to obtain an award of business activity, either under competition or via negotiation with a single contractor.

45
Q

What are the main methods of choosing a contractor?

A
  • Open tendering
  • Selective tendering (single or two stage)
  • Negotiated tendering
  • Serial tendering
46
Q

What is Open Tendering?

A
  • This is an indiscriminate request for tenders to be submitted to the open market.
  • This could be achieved by advert placement in local papers or technical press inviting contractors to apply for the tender documentation.
  • There are little or no barriers to entry needed to submit a tender.
47
Q

What are the advantages of open tendering?

A
  • It provides opportunities for capable firms which the clients may have not previously considered.
  • It should secure maximum competition from the open market.
48
Q

What are the disadvantages of open tendering?

A
  • There is danger of increased errors within the tender submission to to a risk of inexperienced contractors that have no prior understanding of the clients requirements.
  • There is no assurance that the lowest tenderer is capable or financially stable.
  • The total cost and time needed to review the tenders is increased.
49
Q

What is Selective Tendering?

A

This restricts the number of tenderers by pre-selecting a limited number of contractors to tender for the work.

50
Q

What are the two types of Selective Tendering?

A
  • Single Stage
  • Two Stage
51
Q

What is Single Stage Tendering?

A

A structured process of receiving competitive tenders from a number of pre-selected capable contractors.
Contractors pre-selected are based on:
- Financial standing
- Qualification and certifications
- Previous track record
- References
- Organisational structure
- capacity and resources
- Size of work previously undertaken

52
Q

What are the advantages of single stage tendering?

A
  • It ensures only capable and approved firms submit tenders
  • It tends to reduce the aggregate cost of tendering.
  • It reduces the risk of receiving tenders from unsuitable contractors
53
Q

What is two-stage tendering?

A
  • Two stage tendering is where the client seeks to appoint a contractor based on the outline scope of works that is not fully defined.
  • The client then works with the appointed contractor to develop the scope of works and reach an agreed price.
  • It can be used when it is useful to obtain the contractors buildability expertise on the planning of the project and gain an earlier contractor involvement.
54
Q

What is the purpose of the first stage during two stage stage tendering?

A

The client provides an outline project design to each of the tenderers. The tendering contractors will submit prices for helping the client develop and finalize the design using their buildability expertise.
Tender submissions will generally consist of:
- Schedule of Rates that will be used to calculate the agreed price during stage 2.
- A price for assisting the client with design development and buildability expertise during stage 2.
- Confirmation of the contractors Overheads & Profits percentage.
A preferred contractor is then appointed to assist with developing the design further.

55
Q

What is the purpose of the second stage during two stage tendering?

A

Following development of the design to a defined stage, a formal negotiation process in undertaken during stage 2 to agree:
- The final price
- Contract conditions
- Programme

56
Q

What do tenderers return as pert of the first stage during two stage tendering?

A
  • Detailed build-up of prices for preliminary items
  • Overhead and Profit percentage additions
  • Construction programme
  • Proposed sub-letting of the works
57
Q

What are the advantages of two stage tendering?

A
  • Early contractor involvement.
  • Encourage collaborative working.
  • Potential for earlier start on site.
  • Greater client involvement in selecting the supply chain
  • Contractor can help in identifying and managing risk
58
Q

What are the disadvantages of two stage tendering?

A
  • Cost certainty may not be achieved before contraction commences.
  • Additional pre-construction fees are incurred for the main contractor.
  • the contractor could take advantage of second stage negotiation and increase costs.
  • There is potential for parties to not agree the contract sum, with risk of retendering.
59
Q

When should you use two stage tendering?

A
  • Complex buildings
  • Where the magnitude of work is unknown at time of contractor selection
  • If early completion is required.
  • Where the design team would like to make use of contractor expertise on buildability issues
60
Q

What is negotiated tendering?

A

Where the client has an existing preference for appointing a particular company and only negotiates with one contractor.

61
Q

When might negotiated tendering be used?

A

When the contractor has carried out work successfully for the client on previous occasions and they have good working relationships.

62
Q

How does negotiated tendering work?

A
  • No competition and only one contractor is invited to tender.
  • The contract sum is arrived as by a process of negotiation.
  • A Schedule of Rates or prices from previous projects may be used as the basis of agreeing a price.
63
Q

What is serial tendering?

A

Contractors are asked to bid for a project on the basis that if they complete the initial project satisfactorily other projects of a similar type will follow and the same bill of rates will be applied.

64
Q

What could selecting the wrong tenderer lead to?

A
  • A bad client / contractor relationship
  • A dissatisfied client
  • A dissolved contractor
65
Q

How would you put together a set of tender documents?

A

In accordance with JCT Practice Note 2017 I would include an Invitation to Tender with instruction to Tenders with:
- date and time for return, to whom, site visits, programme, errors procedures, scoring matrix.
- Conditions of proposed contract
- Pricing documentation
- Specification
- Drawings
- Employers requirements
- Pre-Construction Information
- Form of Tender

66
Q

What is the Form of Tender?

A
  • A pre-printed formal statement in which the tenderer fills in the blank spaces.
  • The Tenderer provides their name, address, and the sum of money for which they offer to carry out the works.
67
Q

What are the Employers Requirements?

A
  • They set out the Clients requirements including the function, size, accommodation, and quality requirements for the project.
  • The level of detail depends on how much design development has been carried out prior to tender.
  • They normally include the current state of planning permission.
  • It should also detail the level of design, structure and specification information to be provided by the tenderers.
68
Q

What are the contractors proposals?

A
  • The Contractors response to the Employers Requirements.
  • They are the key documentation for the Client to consider at the tender review.
  • They often include plans, elevations, sections and typical details.
  • Layout drawings and specification for materials and workmanship are provided.
69
Q

What would you include in the pre-qualification questionnaire (PQQ)?

A
  • Details of contract particulars
  • Company turnover
  • Previous relevant experience and references
  • Company accounts
  • Management and organizational structure
  • Health and safety records
  • Quality systems and environmental policy
  • Provision of bonds, warranties and PCG’s
70
Q

How would you determine the duration of the tender period?

A
  • It depends of the procurement process and the size of the project.
  • If a traditional procurement route with a BoQ is being adopted then I would usually allow around a month in order for the main contractor to obtain pricing from their sub-contractors.
  • For large complex schemes the tender period would need to be longer.
  • If the tender is the first of two stages then the period may be shorter at 2-3 weeks.
  • It is better to ensure there is sufficient time so contractors can price the project correctly, rather than rush and encourage contractors to price a high risk element into the tender.