Sabrina 29.04.24 Flashcards
What are the benefits of 2-stage tendering?
Used for D&B projects
Full brief/ERs does not need to be compiled by Client
Buildability can be incorporated
Early start on site
Client has say on supply chain
Contractor help in identifying risk
What does the JCT Tendering Practice Note say about cost adjustments?
Alternative A or B:
A - No cost adjustment; stand by or drop out
B - Cost adjustment; agree or drop out
Conservation Windows: what addenda was issued?
What was the process and how issued? (including implications)
Don’t use actual Addenda below. Something simple:
Discrepancy within tender documentation - which was ???. ER amended - ???; Pricing Doc amended - ???.
Actual Addenda:
Aside from the replacement of external Windows and Doors, the works also had requirement for the repair/replacement/redecoration of external elements of the buildings and internal communal areas - these items were based on NHF descriptions to which tenderers were to submit rates - the addenda was: instead of applying rates, the existing NHF v7(?) rates were to have a blanket % uplift across the board
- this was for the purpose of ease of comparison between tenders, simplification of the process, better cost certainty for variations/other possible works (where the NHF might apply).
Why not considered in the first place?
- initially NHF descriptions wanted to be used to achieve common understanding, and on the basis that the NHF was developed for the purposes of social housing repair works and pricing of works on this basis.
-other??
- wanted to give contractors opportunity to price flexibly (take the benefit of their expertise/value for money offer - may provide lower rates)
-other??
Process:
-the Pricing document was amended and given a new version to accommodate the changes.
-tender query/answer sheet updated to include new addendum and consequences to the tender process (addition to tendering period; requirement new pricing document be submitted)
-FoT updated??
-updated documents uploaded on to Portal together with message alert.
-Portal deadline cut-off adjusted to new tender submission date and time
-Request of confirmation of receipt and acknowledgement from tenderers.
Cost submissions by ‘quotations’ - how could you be certain value for money was obtained? (consider number; formality, acquaintance, doctoring)
Risk:
-contractor could go to ‘own’ subcontractors where have ‘relationship’
-contractor go to ‘anyone’ with high quote
-contractor ‘doctor’ quote
Precautions:
-recommend subcontractors/suppliers
-have an ‘approved’ subcontractor/supplier list
-check that quotations correlate with ‘cost data’, VfM checks on current market
-Quotation/invoice documentation contains all details including name of project/property/works to be undertaken/specifications/terms and conditions
-Quotations/invoice documentation forwarded on direct from the subcontractor/supplier, avoiding any ‘doctoring’.
BM: What were the CDP items?
Vent grilles to plant rooms
Lead sheet flashings
Modifications to services
Blinds specification/mechanism of operation
Access ladder to roof (CAT ladder)
Mansafe system
..
BM; Why the Minor Works contract?
Short duration
Low value
Simple works
Design already prepared
Client wanted design control (inc variations)
..
BM: What addenda was issued?
How/from whom did this originate? (keep high level, simple)
What was the process and how issued (including implications)?
New M&E Reports
Client advised most recent reports had not been included and forwarded to me for inclusion.
I reviewed, noted differences to earlier reports, advised increased costs, deadline extend by a week.
Obtained from the Client - had misplaced and forwarded old reports into the tender pack as result.
Check these were ‘old’ - 3 years old, originals forwarded from Architect, who had incorporated information from these reports into their scope of works drawings. Was
informed these were the latest.
Consider out of date? Consider a Risk Item??…
Process:
-Updated Pricing Document
-Updated Queries/Answers Register (new reports, pricing document, submission date,..)
-Uploaded above and the new Reports into the Portal; raised an update ‘alert’; amended FoT?; adjusted deadline cut off point; requested confirmation of receipt and new deadline date.
BM: EoT - what was the Relevant Event?
How was the claim submittted?
How was the claim assessed?
Ref WW and JL Mock:
- Relevent Events list in JCT - VIAS…..
- Items claimed for … and associated extension periods…
- Submitted as soon as known regular progress identified as affected
Claim (just EoT, not L&E):
-Confirmed relevent events
-reviewed additional time claims plus concurrency, reasonableness, appropriate rescheduling, …
-adjustment made to EoT, and agreed.
-agreement achieved within ??days.
BM: How did you agree the Final Account?
How did you issue the Final Account Statement?
Records had been kept of all cost and time agreements in association with variations, claims, etc
Any outstanding cost agreements - none, but if were, addressed and agreement sought
All Instructions issued
Practical Completion Certificate issued
All works completed, included H&S file, O&M, ..
All documentation proving final account figure packaged with the final account agreement
Final Account Statement prepared - forwarded to the contractor for signing, then countersigning.
Forwarded to client for their records.
Note: all agreed within several weeks after PC. Still some outstanding minor works left (landscaping, external repairs)
SDM: Partial Possession - how did you notify the Contractor?
-Following discussion with the client, agreed Partial Possession would be sought.
-Contacted contractor beforehand notifying that Certificate would be issued shortly for Partial Possession
-In this notification, also stated the area to be Partially Possessed, and the consequences of Possession ie as Practical Completion for that area.
-Prepared Certificate of Partial Possession, agreed date with client and contractor, included in Certificate, advised both of the implications ie client responsible, insurance by client required, occupation by client, half retention released for that portion of works, defects period begins for that portion of works.
BM: What was involved in the issuing of Instructions? (include making Client aware there is a this change)
Whether raised by the contractor or client:
-confirm is deviation from contract works
-confirm action is required
-confirm the most appropriate action
-try to agree costs or reasonable budget costs
-inform client instruction is required, costs, changes to programme, instruction to be issued
-prepare instruction, seek client authorization before issue, issue instruction for contractor to implement.
How is a Variation effected in a JCT Design & Build contract?
Specifically for D&B:
-the Employer’s Requirements are changed
What are the advantages/disadvantages of D&B? (general note: when discussing advantages/disadvantages, 2 or 3, should be enough)
D&B:
Advantages:
-Buildability
-Early start on site
-Price Certainty
-Design Risk on contractor
Disadvantages:
-Less or no design input
-Comprehensive ER will be needed (if single stage)
-Negotiation required after 2-stage in order to agree contract sum/specific contract conditions - may not be achieved.
General Note: Keep answers high level and superficial!!
