Technical - Procurement and Tendering Flashcards

1
Q

What is procurement?

A

Obtaining or buying goods and services. Or a construction project. There are many different options to procure the design team and contractor. My job is to find the method best suited to the project.

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2
Q

What needs to be considered when selecting a procurement route?

A

Time.
Cost.
Quality.
Risk allocation.
It’s unlikely that there’s a procurement option that will satisfy every one of the above, so need to prioritise the most important.

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3
Q

What procurement options am I familiar with?

A

Traditional.
Design and build.
Framework.

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4
Q

What is traditional procurement?

A

The design is the responsibility of the client and is separate from the contractor. The client first appoints a design team to design the project to RIBA 4 and then contractors are invited to tender for the works. The design team continue to work for the client throughout the construction period.

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5
Q

What are the advantages of traditional procurement?

A

The returned tenders are easy to compare.
The client retains control of the design and knows exactly what they are getting.
If the design and tender documents are robust enough then the tendered cost should be the price the client pays.
Variations should be easy to arrange and value.

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6
Q

What are the disadvantages of traditional procurement?

A

The process takes longer than other procurement methods.
There is no input from a contractor during the design stage, so less help with the buildability of the project.
Design risk is with the employer, so any changes or incorrect information will be a variation or compensation event.

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7
Q

When is traditional procurement appropriate?

A

If the employer has a specific design they want achieved.
If cost certainty from the outset is important.
If programme is not the main priority.

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8
Q

What is design and build?

A

The contractor is responsible for undertaking both the design and construction of the project for an agreed lump sum price. The employer tenders on a set of requirements and the contractors return their proposals and a fixed price for the works. The contractor assumes all the risk.

The design team is hired by the client just to complete the brief and the employer’s requirements. This team may be novated to the contractor, or the contractor can hire their own team.

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9
Q

What are the advantages of design and build?

A

One company is responsible for both the design and the construction.
Early commencement on site is possible. The design can be ongoing whilst earlier works start.
Cost certainty for the client.
Contractor contributing to the buildability of the design.

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10
Q

What are the disadvantages of design and build?

A

If the Employer’s Requirements are really comprehensive, they may end up with a design they don’t like.
The client may pay for early design work to include the ERs.
Harder to compare tender returns that with traditional procurement.
Client changes can be difficult to value and expensive.
Client has less control over aesthetics and quality.
The contractor will add a higher margin for risk to their contract sum.

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11
Q

When is design and build appropriate?

A

When the client wants to minimise their risk and obtain cost certainty.
If there needs to be an early start on site.
If the project is complex and could benefit from the contractor’s experience on buildability.
If the client does not want to be responsible for the design development.

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12
Q

What additional insurances are required on a design and build project?

A

The contractor will need to have professional indemnity insurance because they have design responsibility.

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13
Q

Is design and build suitable for refurbishment?

A

Yes because the risk of the condition of the existing building is passed to the contractor. But not for listed buildings – too many possibilities for improper materials and works.

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14
Q

What are the Employer’s Requirements (ERs)?

A

Sets out what the employer wants the contractor to design. Describes the function, size and quality of the building.

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15
Q

What are the Contractor’s Proposals (CPs)?

A

The contractor’s response to the employer’s requirements setting out how they intend to meet the brief.

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16
Q

Why do you pay a premium for design and build?

A

Because you are buying the risk in advance, because the contractor prices the unknowns into their contract sum analysis. With traditional procurement, the risk remains with the employer and they have to pay for anything that occurs.

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17
Q

What is the least risky procurement route for the client?

A

In terms of cost and design – design and build.
In terms of quality and getting precisely what you want – traditional.

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18
Q

What happens if you don’t specify a product in a design and build contract?

A

During tender the contractor’s will specify their own preferred product and it’s difficult to compare them in terms of quality and cost on an equal basis.

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19
Q

What is construction management?

A

The client hires a construction manager to manage the trades and sub-contractors. All the trades and sub-contractors are contracted directly to the client, not a main contractor.

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20
Q

What are the advantages of construction management?

A

Changes in design can be accommodated without costing a premium.
Prices might be lower due to directly contracting subbies to the client. No main contractor OH&P.
Direct contractual links from suppliers and sub-contractors to the client.
Can overlap design and construction.

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21
Q

What are the disadvantages of construction management?

A

Not able to get price certainty until near the end.
Changes in design might impact subcontracts that have already been awarded, leading to expensive variations.
The client needs a lot of involvement and to be decisive.

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22
Q

When is construction management appropriate?

A

Large complex projects that can benefit from the knowledge and experience of a construction manager.
Early start on site is a priority.
The design needs to be flexible.
Price certainty is not a priority.
When the client is experienced in construction.

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23
Q

What is the riskiest procurement option for a client?

A

Construction Management because the client controls all the trades and sub-contractors.

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24
Q

What is Management Contracting?

A

The Management Contractor is hired as a member of the design team. Various contractors are contracted to the main contractor who takes responsibility for the project but doesn’t carry out the works.

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25
Q

What are the advantages of Management Contracting?

A

Project duration can be shortened because design and construction can overlap.
Management Contractor contributes to design process and buildability advice.
Single point of responsibility and Management Contractor is liable for LADs.
Packages are competitively tendered.

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26
Q

What are the disadvantages of Management Contracting?

A

Cost is not known until the last package is awarded.
Less open book than construction management.
Changes in design might impact subcontracts that have already been awarded, leading to expensive variations.

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27
Q

When is Management Contracting appropriate?

A

Cost certainty is not a priority.
Early start on site is a priority.
Buildability input from the contractor is helpful.
Design flexibility is a priority.

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28
Q

What is the difference between management contracting and construction management?

A

Management Contracting = client is only in direct contract with the main contractor, who then procures the sub-contractors.
Construction Management = client is in direct contractual relationship with the sub-contractors.

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29
Q

What is a framework agreement?

A

The client runs a formal tendering process based on quality and, sometimes, agreed rates.
Successful tenderers are then added to a list of approved contractors for a set number of years.
Client can continuously commission works with shorter procurement times.
There should be a continuous level of improvement as client and contractor get to know each other and repeat similar projects.

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30
Q

What are the advantages of frameworks?

A

Good for clients with lots of repeat work.
Time saving.
Collaborative.
Preferential cost and rates for long term delivery.

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31
Q

What are the disadvantages?

A

Doesn’t always deliver value for money.
Those on the framework can become complacent.
Be mindful of public procurement regulations.

32
Q

When is a framework appropriate?

A

Clients that continually commission work and need short procurement times.
Where a continuous relationship can lead to learning and developing faster projects and better quality.

33
Q

What is tendering?

A

Method of obtaining price and resources to carry out the required work.

34
Q

What is the difference between procurement and tendering?

A

Procurement is the overall act of obtaining goods and services but focuses on the strategy of how best to obtain those things.
Tendering is the bidding process to obtain one of those goods or services. You can have multiple tendering packages as part of the procurement strategy.

35
Q

What are the most common types of tendering in construction?

A

Single stage.
Two stage.
Negotiated.

36
Q

What does ‘bona fide’ mean?

A

Without intention to deceive. That an offer is complete and made in good faith.

37
Q

What documents do I include in my tender packs?

A

Invitation to tender including submission instructions.
Contents list.
Appendices included design information, specifications, surveys, pre-construction info, H&S.
Preliminaries and preambles including contract documentation and amendments.
Pricing documents.
Form of Tender and non-collusion form.
Receipt of tender information.

38
Q

What is a Pre-Qualification Questionnaire (PQQ)?

A

A series of questions designed to find out if the proposed tenderer has the experience and quality to carry out proposed works. The client uses this to shortlist appropriate contractors to invite to tender for the contract. Very useful for publicly procured works.

39
Q

What is the purpose of a PQQ?

A

To reduce the number of tendering contractors to only those who are genuinely competent. Stops those contractors that are very unlikely to be successful from wasting their time.

40
Q

If a credit check is part of the PQQ process, where would I obtain one from?

A

Dun and Bradstreet.

41
Q

What is single stage tendering?

A

Obtaining a tender in one stage by issuing a single set of information.
All tenderers are issued with identical documentation, usually to RIBA 4. They submit their tenders by the set deadline and the client enters into a contract with the contractor that proposes the best cost and quality ratio.

42
Q

What are the advantages of single stage tendering?

A

Client gets a lump sum cost for the whole works.
Competitive pricing.

43
Q

What are the disadvantages of single stage tendering?

A

No contractor input prior to tender, so no advice on buildability and value engineering.
The price received is only as good as the tender info issued.
Once on site, changes in the design undermine the lump sum cost due to variations.
Contractors are less keen to engage in single stage tenders if there’s too much competition.

44
Q

What is two stage tendering?

A

Used to get early appointment of a contractor.
The first stage is typically scored on programme, method statement, detailed prelims, OH&P and pre-construction fee. The best scoring contractor then works in parallel with the design team.
The second stage is a negotiation between the client and contractor, with a lump sum contract being agreed at the end.

45
Q

What are the advantages of two stage tendering?

A

Early appointment of the contractor to work with the design team.
Improved buildability, risk management and value engineering.

46
Q

What are the disadvantages of two stage tendering?

A

Lack of competition in the second stage and premium on negotiated lump sum.
Additional cost of the contractor’s pre-construction fee.
Might not agree a contract sum.

47
Q

What do tenderers typically return during the first stage of a two stage tender?

A

Detailed prelims breakdown.
OH&P percentage.
Construction programme.
A price for any parts of the design that are complete.
Method statement.
Pre-construction fee.

48
Q

What precautions should you take prior to the second stage process?

A

Make sure that there is a defined procedure for either party to withdraw from the second stage should they be unable to negotiate an agreed contract sum, including any abortive costs.

49
Q

What is negotiated tendering?

A

When you approach only one contractor and negotiate a price for the works. Usually this is because they have a very good reputation or work in a very specialised area.

50
Q

What are the advantages of a negotiated tender?

A

Speed and simplicity – no tender analysis between multiple tenderers.

51
Q

What are the disadvantages of a negotiated tender?

A

Cost premium as there is no competition.
Might be a delay if the negotiations are drawn out.

52
Q

How can you try and get value for money in a negotiated contract?

A

Use an open book approach when agreeing sub-contract packages and ask for a minimum of three quotes for each package. This approach should be agreed with the contractor prior to entering into a contract.

53
Q

What is OJEU?

A

Official Journal of the European Union. It set out the legislation governing public procurement.

54
Q

Is OJEU still applicable since Brexit?

A

No.

55
Q

What has replaced OJEU in the UK?

A

UK Government’s Public Procurement Notes. Publicly procured works must be issued on the Find a Tender Service from 1st January 2021. There are thresholds just like OJEU.

56
Q

What is the form of tender?

A

A form that the tenderer fills in that acknowledges they accept the terms and conditions of the tender and the sum of money for which they will carry out the works. It includes the company name, address, date and signature.

57
Q

What is included on the form of tender?

A

Form of contract.
Contractor’s details.
Tender sum.
Tender validity period.
Confirmation that it’s a bona fide offer.

58
Q

Apart from the tender sum, what other information would you want the tenderers to submit?

A

Programme.
References.
Previous relevant experience.
Proposed team and CVs.
Methodology.

59
Q

How should I examine tender submissions to make sure they’re compliant with the invitation to tender?

A

Comp checking.
Items not priced.
High and low costs.
Qualifications and exclusions.
Review of contractor’s proposals.
Check form of tender and supporting information has been received.
Resolve any queries.

60
Q

What happens if the tender is returned past the deadline?

A

If it’s for a public sector project it cannot be accepted.
If it’s for a private client then discuss the matter with them, but advise them that accepting a late tender to leave them open to a claim of collusion or bid-rigging. Best not to.

61
Q

Would I open a tender that was late for a school project?

A

I would discard it as it’s for a public sector project and not eligible.

62
Q

What is the danger of accepting a very low tender?

A

That some elements have not been priced.
That they have misunderstood the works.
That the quality will be poor.
That they will try and reclaim costs through variations and claims.
All of the above will lead to an adversarial relationship.

63
Q

How do you deal with qualifications in the tender?

A

Set out the process in the tender instructions.
If the qualification is unauthorised then it might invalidate the submitted tender and disqualify the tenderer.

64
Q

How can I deal with errors in the tender?

A

JCT has a tendering practice note containing two options for dealing with tender errors. One of these options should be included in the invitation to tender document.

Alternative 1 – The contractor stands by his tender error or offers to withdraw.

Alternative 2 – The contractor is given the chance to confirm their offer is correct or amend it.

65
Q

What would I do if a tenderer returned an alternative tender with a different method of construction for a traditional procurement?

A

If I had asked for this option then I would assess it.
If I had not asked for this option then I would likely disqualify the tender if they had not also provided a compliant tender alongside.

66
Q

What would I do if I considered the lowest tenderer to be in financial difficulty?

A

Evaluate their accounts as part of the ITT or PQQ stage of tendering.
Request references from previous employers from the last 2 years for similarly valued projects.
Request subcontractor references or if they are signed up to the Prompt Payment Code.
Request a bond and have it in place prior to starting works.

67
Q

When would I advise a client to retender?

A

If there weren’t enough tenders returned.
If the tender procedure has been compromised.
If the tenders were not at the required level and I thought that re-tendering could achieve a different result.
Design changes or VE had significantly altered the design compared to the original tender.

68
Q

What is a front-loaded tender?

A

Costs a disproportionately high at the beginning of the works so a contractor can maximise their profits and improve their cash flow.

69
Q

How would I deal with a front-loaded tender?

A

Request the contractor revise their costs and disqualify them if they refuse or cannot justify it.

70
Q

How can I reduce the risk of tenderers pulling out during the tender process?

A

Submit detailed, accurate information.
Give them a decent tender period and an extension if fair and required.
Do a PQQ first to ensure tenderers are qualified and interested.
Check in with the contractors to see how they are progressing.
Respond to tender queries quickly and thoroughly.

71
Q

What is included in a Contract Sum Analysis?

A

It’s for design and build projects and breaks down the contractors price into work packages so the QS can analyse and compare it to other tender submissions.

72
Q

What do I include in the tender report?

A

Details of the project.
Conditions of the tender.
Date of issue.
List of tendering contractors it was issued to.
Initial tender return prices and comparison.
Qualifications.
Issues resolved.
Adjudicated prices.
Comparison of adjudicated tenders.
Comparison with budget/ PTE.
Outstanding issues or concerns.
Recommendations.

73
Q

If the tender was received on time but the works were not commencing for a few months, what should I check?

A

The length of the tender validity period.

74
Q

If the contractor marked an item in the SoW as provisional in their tender return, what should I do?

A

Ask them to provide a fixed cost. Provide them and other tenderers more information if required.
Disqualify the tender if this was on a large amount of items.
Comment of this risk in the tender report.

75
Q

If I think the delivery programme is tight, how can I reduce the risk of the contractor declining to tender because they’re worried about LADs? Or that they might increase the cost due to risk?

A

Offer them an LAD free period in the contract. No LADs for the first 3 weeks. A reduction of LADs to 50% for the first 6 weeks.

76
Q

If the client asks for an alternative programme as part of the tender return, and that programme is longer than the proposed tender programme, would I expect the costs to increase?

A

It depends. If the contractor has to include weekend work and additional labour to meet the proposed tender programme then the tendered cost could be more expensive than if we let them work to their own programme with less stress on acceleration costs.