Tendering Flashcards

1
Q

What are the different forms of procurement?

A

Design & Build –
Traditional –
Management Contract -
PFI -

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2
Q

What are the different forms of tendering?

A

Competitive & Non-competitive

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3
Q

Within Competitive tendering you have:

A

Open Tendering
Selective Tendering (Single Stage & Two stage)
Serial Tendering

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4
Q

Within Non-Competitive tendering you have:

A
Nominated
Negotiated Tendering (Single Stage & Two Stage)
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5
Q

Explain the Selective Tendering Process?

A

→ Shortlist - Find contractors within the area able suitable to tender for the work
→ Selection Questionnaire - to see if they are suitable/qualified to conduct the works
→ Compile a tender list to of 4-6 tenderers
→ Invite to tender - Send a tender package to the selected tenderers
→ Question period
→ Tenderers return - on the set date
→ Review tender submissions to see for any errors
→ Compile a tender report and send recommendation to client
→ Client makes a decision
→ Notify wining tenderer
→ Stand still period - questions / negotiation
→ Tender becomes contractor and other tenders are notified.

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6
Q

What would you do if there are any errors?

A

The method for dealing with errors would be stated in tender package; you have two options:
Option 1: Accept or Withdraw
Option 2: Accept of Amend

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7
Q

What is the difference between a Singe Stager & a Two Stage tender?

A

→ Single stage is conducted once the tender documents have been produced.
→ Two stage tender is to achieve early appointment of the contractor ahead of the completion design, and a potentially quicker start on site.

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8
Q

What is included in an invitation to tender?

A
→ The form of information to tender
→ Project description
→ Drawings listed Specification
→ BoQ / Schedule of works / Schedule of Rates
→ The Employers Requirement
→ Instruction to tenderers
→ Any additional documents
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9
Q

What is in a Tender Documents?

A

Illustrative - Drawings
Qualitative - Specification
Quantitative - BoQ / Schedule of works / Schedule of Rates

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10
Q

What is a Specification?

A

‘It is a written description of the quality of the built product and its component parts.’

Performance Specification - define the characteristics of the final product… clients will state what quality of finish they are after in essence or brief.

Descriptive Method Specification - A written document providing detailed descriptions of the quality required in terms of construction, Workmanship and materials.

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11
Q

What is the Difference between a Bill of Quantities, Schedule of works and Schedule of Rates

A

→ Bill of Quantities
Only a qualified Quantity Surveyor can produce
In accordance to SMM7 (To be superseded by NRM)
It illustrates the items, quantities, units
Within the Bill of Quantities You have Preliminaries and Measured work

→ Schedule of Work
Is an a document that list the main sections of work for the contractor to price in a lump sum basis

→ Schedule of Rates
Is a list of items and their prices but the work required is not known at the outset A comprehensive Schedule of Rates is the same as a Bill of Quantities, but without the quantities

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12
Q

What is the significance of a Pre-Start meeting?

A
  • Initial meeting before Date of Possession
  • To establish contract procedures, administration, standards & quality
  • Tool to ensure all parties are aware of duties -Chaired by Contract Administrator
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13
Q

What are Bills of Quantity?

A

Quantitative product information. Document itemises materials, parts and labour and their costs. Typical headings:

  1. Preliminaries
  2. Measured Works
  3. Prime Costs /Provisional Sums
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14
Q

What are the function of Bills of Quanitities and how are they useful to the design and construction team?

A
  • Forms a list of the works which are quantified for pricing
  • Prepared using standardised methods of measurement (NRM 2)
  • Used to provide a level playing field for tender responses
  • Assists in the preparation of interim and final valuations
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15
Q

What are the preliminaries in a Bills of Quantities?

A

Items which are cover the specific circumstances to undertake works but which are not included elsewhere in the tender documents.

  1. Site description
  2. Access
  3. Ste security
  4. Statutory approvals
  5. Accommodation/equipment requirements
  6. Site meetings
  7. Disturbance to 3rd parties
  8. Warranties and bonds
  9. Quality checks
  10. Health and Safety
  11. Programme
  12. Valuation and payment dates
  13. Record drawings
  14. Guarantees
  15. Dayworks
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16
Q

What are dayworks?

A

Items which cannot properly be measured and priced in accordance with the BoQ and therefore have to be dealt with on a labour/materials/plant basis, plus % profit and overheads:

  1. Labour costs =Current agreed national rates
  2. Materials =actual cost
  3. Plant costs =set by RICS and ICE
  4. Tenderer states his % profit in the dayworks section of BoQ
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17
Q

What is a method of measurement?

A

→ Standard way of calculating measured works.
→ RICS New Rules of Measurement 2 (NRM2) havereplaced Standard Method of Measurement (SMM7).
→ NRM2 makes BoQ quicker and simpler to prepare.
→ JCT issued a NRM Updaterequiring NRM2 to be used in place of SMM7 in all contract documents

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18
Q

What is a prime cost sum?

A

NRM2 definition:A sum of money included I a unit rate to be expended on materials or goods from suppliers e.g. ‘door furniture at £75 per door’
Excludes all costs associated with fixing / installation, design fees, prelims etc.

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19
Q

What is a provisional sum?

A

A sum allowed in BoQ for works/goods which cannot be accurately quantified/detailed at the time of tender
Tenderer allows sum plus profit%
Defined (some info available) e.g. sketch signage proposals
Undefined (no info available) e.g. additional drainage

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20
Q

What is a contingency sum?

A

Percentage sum of the total construction cost added at the end of BoQ to cover unplanned additional works or costs.

21
Q

What is a tendering - tender?

A

→TENDERING = the process of submitting a proposal (tender) to undertake or manage the undertaking of a construction project in accordance with the conditions of the contract and the contract documents.
→ TENDER = The price for which the tenderer (Contractor)offers to carry out and complete, in accordance with the conditions of the contract and statutory requirements the works shown on the PRODUCTION INFORMATION

22
Q

What type of tendering processes exist?

A

→ COMPETITIVE TENDERING
Selective Tendering (Single/Two stage)
Open Tendering
Serial Tendering

→ NON COMPETITIVE TENDERING
Nominated Tendering
Negotiated Tendering (Single/Two Stage)

23
Q

When would you use the two stage procedure?

A

→ To achieve early appointment of contractor, potentially quicker start on site
→ To obtain contractor input on buildability, sequencing and sub-contractor appointment
→ To transfer greater degree of design and other construction risk to contractor
→To ensure coordination between designers and contractors
→ To retain client involvement in the pre-selection and appointment of subcontractors
→ To gain contractor’s purchasing power and long-term relationships with sub-contractors

24
Q

What is serial tendering/framework agreements?

A

→ Combo of competitive and negotiated tendering
→ Often used where there will be a number of repeat projects
→ Contractor tenders knowing that if their performance is satisfactory, they will be awarded subsequent contracts
→ Subsequent contracts will be negotiated from the original tender updated for any fluctuations in rates.
→ used for repeat contracts

Similar to Framework Agreements which are more common?
→ Pre-approved shortlist for best value
- encourages lower rates for turnover- reduces tender costs for admin

25
Q

What is open tendering?

A

→ Covered by the public sector procurement rules generally
→ Advertised in Open Journal for the European Union (OJEU)
→ All those who request tender documentation will be invited to submit a tender
→ Normally only used where the known market place is limited
→ Larger projects -PQQ and ITT procedure
→ MEAT (most economically advantegeous) criteria
- excessive number of bids- can result in unsuitable contractor
+ greatest competition = best price
+ opportunity for new suppliers

26
Q

How would you go about preparing a list of tenderers?

A

→ Establishing a list will depend on the procurement route chosen, and the criteria for initial selection assessment should be established before expressions of interest are invited (or OJEU notice)
→ Advance information – given to tenderers, enables them to decide whether to bid
→ PQQ – proving their capacity to complete the work?

27
Q

How many tenderers should be invited?

A

→JCT Practice note recommends between 3 and 6, to avoid abortive work
→ If D&B then no more than 4

28
Q

How would you go about preparing a list of tenderers if you are new in the area and it is a private client?

A

→ From your own / colleagues /client’s knowledge/experience
→ BALI Listings / ConstructionLine
→ Client’s previous preferred contractors
→ Requesting references from previous employers / landscape architects

29
Q

What is included with the tender documentation?

A

→ Invitation to tender ITT (PracticeNote, JCT):
→ Form of invitation to tender –Project title and location, drawings, specification, BoQ
→ Employer’s requirements – Outline
→ Construction Phase Plan
→ Reference to preliminary enquiry information and any additional changes
→ Model form of tender
→ Tender return envelope
→ Instruction to tenderers
→ Signature and Date

30
Q

What would you do if an error discovered in the tender documentation during the tender period?

A

Depends when:
→ If at the beginning of tender period, you could issue a tender variation (must be issued to all tenderers).
→ If late in the tender period,you could ask all tenderers to omit item, or you could issue a tender extension.
→ Key is that all tenderers are treated equally.

31
Q

What is the procedure upon tender return/checking of tenders and subsequently tender report, notification and contract preparation?

A
TENDER RETURN & CHECKING OF TENDERS
→ Contractor submits priced BoQ
→ 28/40 days (private/public)
→ Formal opening procedures, witnesses
→ Late tenders rejected
→ CA examines to detect errors prior to acceptance - Alternative 1 (Confirm or Withdraw) or Alternative 2 (Confirm or amend)
→ CA scores cost

TENDER REPORT, NOTIFICATION AND CONTRACT PREPARATION
→ CA provides Tender Report outlining processes and result
→ Write to successful contractor accepting offer
→ ‘Standstill’ period - any challenges made (30 days)
→ Offer acceptance initiates contract
→ Inform unsuccessful tenderers
→ Contract document signed
→ Tenderer= Contractor

32
Q

What courses of action could be taken if an error was discovered in a tender?

A

If errors are found they should be reported to the Contract Administrator and Client who should take action to implement the appropriate procedure. NBS and JCT suggest:

→ Confirm or Withdraw

  • Confirm - If tenderer confirms as it stands, then an endorsement is added to the BoQ. All items are amended by the same % as the corrected price. Client & tenderer sign endorsement
  • Withdraw – If the lowest tenderer withdraws, turn to the second lowest tenderer

→Confirm or Amend –

  • Confirm – proceed as above
  • Amend – check that the new price down not exceed the next lowest tender. If it does, turn to the new lowest tender.
33
Q

What should the tender report contain?

A

→ Statement – of what the project comprises
→ Form of tendering used
→ List of tenderers (including any not made or withdrawn)
→ Range of tender prices
→ QA assessments if applicable
→ Errors & Amendments
→ Rates in the context of the current market
→Confirmation that tenders were fairly, accurately and consistently priced
→ Recommendation

34
Q

What do you do about unsuccessful tenderers?

A

Post-award notification to tenderers with a list of those tendering (alphabetical) and a separate list of tender prices (ascending order). Prices should not be attributable to individual bidders.
If Best Value, they need to know how they have performed against the various criteria – each should on request be provided with their own scores and the range of scores relating to each criteria.

35
Q

What takes precedence out of the production information if an error in the BoQ is found?

A

It depends on the contract.
→ NEC states that the Bills of Quantity should be prioritised.
→ JCLI says that in the case of inconsistencies, it should be corrected and issued as a variation.

36
Q

Would you always need bills of quantity? When would you not use them?

A

Not always, can use a Bill of Approximate Quantities or a Schedule of Works/Rates.

→ BoAQ = prepared early in the design process before a firm design is available. Allow early appointment of contractor, can be used for D&B or repetitive projects.
→ Schedule of Works = lists all of the main sections of work to be undertaken by the contractor. Read in conjunction with spec/dwgs and is required to be priced by tenderer on a lump-sum basis.
→ Schedule of Rates = used where the actual works required is not known at the outset and is remeasured and valued only when it has been completed. Like a BoQ but without the quantities.

37
Q

Explain the difference between single and two stage negotiated tendering?

A

Negotiated Tendering
→ = non-competitive tendering
→ established working relationship Client /Contractor
→ Public Contracts Regs don’t apply
→ Specialised building techniques /additional work to existing project

Single Stage
→ A selected contractor prices prepared tender documents
→ the qs checks rates / prices and notes contentious items
→ contentious items negotiated
→ negotiated tender sum agreed

Two Stage
→ First stage: contractor negotiates prelims and % profit
→ Second stage:
- contractor obtains tenderers for work packages from sub-contractor
- Used when contractor on board before design work complete

38
Q

Explain the difference between single and two stage selective tendering?

A
SINGLE STAGE
→ Conventional process
→ tenders sought based on tender documents
→ tenders assessed
→ Contractor appointed using criteria
- Cost
- Programme / Quality
- Mixture of these criteria

TWO STAGE
early appointment of a contractor - programme driven
FIRST STAGE
→ Similar to single stage competitive tendering, except less information provided
→ preferred bidder selected based on programme, method statement, detailed preliminaries pricing, overheads and profit

SECOND STAGE
→ Negotiation between the client and the preferred bidder
→ Design team and contractor finalise design
→ Contract sum not established until the end of the second stage

39
Q

What is the procedure for single stage selective tendering?

A

Traditional method

  1. Shortlist
  2. Pre-qualification questionnaire (PQQ)
  3. Invitation to tender (ITT)
  4. Tender return
  5. Checking of tenders and notification
  6. Tender report and recommendation
  7. Acceptance of Tender
  8. Notification of Tenderers
  9. Contract preparation

Note: If a QS is not appointed the LA can tender the contract in the CA role

40
Q

If the two lowest tenders are separated by a small amount of money – how would you advise on which one to select?

A

The tender process should be fair and transparent; therefore if the tender criteria is financial, the lowest tenderer should be awarded the contract, regardless of how small the difference.

41
Q

If tenders were returned grossly over the cost estimate – what would you do?

A

First all tenders should be checked for errors (or discrepancies/inconsistencies).
Then, if all tenders are over budget – discussion can occur with the lowest tenderer only, to bring their price within budget.
If they do not wish to lower their price or cannot bring it within budget, then discussions can commence with the second lowest and so on.

42
Q

What is the process of letting a tender?

A
  1. Establishing a tender list
    - Advance information
    - PQQ
    - Preliminary enquiry
  2. Invitation to tender
    - Form of invitation to tender
    - Client’s requirements
    - Product information
  3. Tender return
  4. Qualification of tender
  5. Examine priced documents for errors
  6. Tender report
  7. Tender recommendation
  8. Acceptance of tender
  9. Notification
  10. Contract preparation & letting of contract
43
Q

List advantages and disadvantages of the different tendering methods?

A
SINGLE STAGE SELECTIVE
\+ Reduces abortive costs of estimating
\+ all tenderers capable of works
- higher cost - more onerous process
- inflexible - no negotiation
- increased design team input

TWO STAGE SELECTIVE
+ Flexible process
+ Scope for VE
+ Reduced costs of changes by contractor
- Bargaining power of approved stage one contractor
- No obligation to award the contract for approved stage one contractor

OPEN TENDERING
\+ Competitive prices obtained
\+ Eliminates favourtism
\+ Attractive to new companies
- Inexperienced tenderers
- Unsuitable or financially unsound
- Expensive for tenderers and client
- more tenderers = less chance
NEGOTIATED TENDERING
\+ early appointment
\+ cost savings - contractors expertise
\+ established relationship benefit
- higher price of tenders pre-empting negotiation
- Design uncertainty = cost certainty
44
Q

Can you explain the purpose and content of an ITT

A

→ preliminary enquiry checks interest of PQQ
→ Project Information Schedule issued to Tenderers detailing budget - team - client - project description - programme
→ See JCT Practice note - pro- forma
→ ITT issued to 3-6 contractors (dependent on procurement)

45
Q

What are the functions of Bills of Quantities?

A

→ Link between design and construction
→ Assist the contractor in assessing material, labour and plant requirements
→ Basis for valuing alterations
→ Assist in the preparation of interim evaluations
→ Enables tenders to be submitted on the same basis
→ Future estimates

46
Q

What are the different routes of professional appointment/procurement/winning work?

A

→Direct appointment:
→Design Competitions
→Competitive Fee Tendering: typically used for private sector appointments & appointments below a certain threshold; single-stage/multi
→Framework Appointment: Used by LPAs/public sector clients to provide professional services over a fixed period - normally 3y; appointment through the competitive tender process; lots based on discipline; do not guarantee work; each individual project would be a separate contract, delivered at pre-agreed framework rates or % fees
→Private Finance Initiatives (PFI)/Public-Private Partnerships (PPP): allows the gov. to contract out the design, building and operation of an infrastructure asset/facility which benefits te public to a private - sector company, usually for a period of 25-30y; LA appointed through private company/contractor
→Appointment through OJEC: Major public -sector projects procured in accordance with rules contained within THE PUBLIC CONTRACTS REGULATIONS; Official Journal of the European Union; strict procedures and requirements; PQQ/ITT stage

47
Q

List the RIBA WORK STAGES

A

FEASIBILITY
0 Strategic Definition
1 Preparation & Brief

DESIGN
2 Concept Design
3 Developed Design
4 Technical Design

CONSTRUCTION
5 Construction

USE
6 Handover & Close
7 In Use

48
Q

what is ISO:9001:2008

A

→ international quality standard developed to provide a framework around which quality management systems can be implemented
→quality assurance
→consistent everyday management involving evaluation monitoring feedback development and correction
WHY

→Enhanced credibility
→improved efficiency and consistency
→prerequisite for some clients when drawing up tender lists
→reduction in claims/production issues
→feedback - a benefit for the future
→LI Standard 9