Public Contracts & Claims Flashcards
What is public procurement?
Public procurement refers to the process by which public entities such as governments and non-profit organizations purchase goods and services from the private sector.
What is the purpose of codes and regulations in regard to public procurement?
Codes and regulations establish policies for when the government purchases from non-governmental sources
What is the intention of the codes and regulations for public procurement?
- The intent is to obtain high-quality goods and services at a reasonable cost.
- To provide a fair and impartial process and seek competition to the maximum feasible degree
- to establish open and efficient procurement procedures and retain broad flexibility
- to set clear rules for evaluation and award design specifications reflecting the agency’s need to foster free information exchange
What are some codes or organizations that provide legal framework for vertical construction (e.g. general building assembly)?
- Department of General services (DGS)
- DGS General conditions
- Construction and Professional Services Manual (CPSM)
What are some codes or organizations that provide legal framework for horizontal construction (e.g. bridges, roads, and highways)
- Department of transportation
- Road and bridge specifications
What is public procurement?
Public procurement refers to the process by which public entities, such as governments and non-profit organizations purchase goods and services from the privates sector.
How are professional services procured under public contracts?
Professional services must be procured by competitive negotiation
How is construction procured under public contracts?
Construction must be procured by competitive sealed bidding (with limited exceptions)
What is the process for public contract procurement?
1) Invitation to bid: Request for proposal
2) Bid: Proposal
3) Agency Review & Negotiation
4) Contract Award
How does the invitation to bid work for a public contract?
The Agency designs the invitation for bid/request for bid (IFB/RFB) to align with its specific needs and solicits contractors to respond.
The agency also answers questions about the bid/proposal.
What happens during the bid/proposal phase of public contract procurement?
Potential contractors respond to the IFB or RFP in compliance with the specifications.
What happens during the bid/proposal phase of public contract procurement?
The agency reviews the bids/proposals.
*in competitive negotiation, the agency negotiates with the top proposals.
What happens during the contract award phase of public contract procurement?
The contract award is the close of the public contract procurement when the agency announces the contract award.
What is construction management?
Construction management is when a contractor is hired to coordinate and administer contracts for construction services for an owner/agency.
How is construction management procured under a public contract?
Construction management is procured by competitive negotiation guided by an evaluation committee.
What tools are used to procure a construction manager?
- Request for Qualification (RFQ)
- Request for Proposal (RFP)
How does a request for qualification (RFQ) work for public contracts?
- the agency solicits qualifications under a RFQ to evaluate potential CM’s and
- a committee evaluates the RFQ responses & selects top offers to respond to an RFP
How does a request for proposal (RFP) work for public contracts?
- the committee ranks the proposals according to some criteria to create a short list of offers
- the committee negotiates with the highest ranking proposals and makes recommendations to the Agency
- the agency awards the contract to the offeror determined to provide the “best value”
What are pre-construction services provided in a public contract?
Pre-construction includes assisting with developing plans, specifications, and project approach within a budget.
What construction services are provided in a public contract?
Construction services are only entered into if the Agency and the CM agree, upon completion of the drawings, to a guaranteed maximum price and approved budget. The CM is “at risk” to complete the project scope on time and within the GMP.
In regard to public contracts, what are some types of claims?
- change orders and scope changes
- delays and time extensions
- acceleration and overtime claims
- differing site conditions
- payment disputes and claims for additional compensation
- termination claims
- defective design or specifications force major and unforeseen envents
What is the claims process in public contracts?
1) notice of intent
2) claim
3) damages
4) settlement or appeal
When is a notice of intent to file a claim filed?
at the time of the occurrence or beginning of the work upon which the claim is based
What is involved in an the actual filing of the claim?
submission of the claim, analysis of the claim, and entitlement
What is required in the claims filing processes
proof of damages (e.g. receipts, schedule impact analysis)
What happens at the settlement or appeal step in filing a claim?
The claim is resolved or a suit will be filed
What is the statue of limitation for filing an intent to file a claim?
“written notice of the contractors intention to file such a claim must be given to the owner within fourteen days of the time of the occurrence or beginning of the work upon which the claim is based.
