Tendering and Procurement

Question 1

What is the difference between tendering and procurement?

Answer 1

Procurement is the overall act of obtaining goods and services from external sources (i.e. building contractor) and includes deciding the strategy on how those goods are to be acquired by reviewing the client’s requirements (i.e. time, quality and cost) and attitude to risk.

Tendering - is an important phase in the procurement strategy, that involves the bidding process, to obtain a price for goods/ services and how the contractor is appointed.

Question 2

What are the main types of tendering strategies/procedures?

Answer 2

• Singe Stage
• Two-stage
• Negotiated
• Open
• Selective
• Framework

Question 3

How can a robust tendering strategy ensure a positive tender result?

Answer 3

Robust tending can help ensure a positive tender by:
- accountability
- auditability
- ensuring everything has been picked up
- parity
- helping to reduce claims of corruption
- ensuring that the correct price has been paid for proposed works

Question 4

What legislation covers Public Sector Procurement and when do they apply?

Answer 4

The Public Contracts Regulations 2015 when the employer is a public entity and the contract value exceeds a EU threshold.

Question 5

What is the high level process for Public Sector Procurement?

Answer 5

The selection process is normally required to be preceded by issueing a notice on both Contracts Finder and the Official Journal of the European Union (OJEU)

Question 6

When is single stage tendering approprait?

Answer 6

When the ERs are sufficiently defined to enable the work to be priced.

Question 7

When is two-stage tendering appropriate?

Answer 7

Two Stage tends to be more appropriate for complex projects where the ERs have not crystallised and contractor/specialist input is required.

Question 8

What is included within the enquiry letter?

Answer 8

An enquiry letter will be sent to the list of potential contractors and includes relevant project information often contained within a Project Information Schedule and a PQQ.

Question 9

How long should be given for responses to PQQs?

Answer 9

JCT Tendering Practice note states 14 or 21 days for single-stage tendering however this can increase if there is an element of design required as part of the PQQ response.

Question 10

What is included within the Project Information Schedule?

Answer 10

• The project and it’s estimated value
• The employer, professional team and point of contact
• tender procedure to be used (singe/two/neg)
• programme
• requirement for Contractors design (novation or not)
• any BIM requirements
• The Contract to be used
• draft Contract Particulars if available
• draft contract amends if available
• PCG or bond requoirements
• attetestation method
• basis of contract aware (lowest, quality time etc)

Question 11

What is the purpose of the PQQ?

Answer 11

Establish the suitability of prospective tenderers based on their record, technical capacity etc.

Question 12

What information is sought in PQQ?

Answer 12

• relevant or useful to the project. 4 main categories:
• Basic corporate particulars i.e. company name etc
• financial matters and good standing (i.e. convictions or open disputes)
• regulatory or compliance matters
• technical capacity - capability, skill and past performance

Question 13

What is the recommended number of tenderers?

Answer 13

Depends on the project and context, however typically for most forms of contract between 3-6 tenders.

Design and Build scheme should have no more than 4.

Question 14

What documents are included within the Tender pack?

Answer 14

• Drawings
• Bills of quants
• Specification or works schedules
• ERs
• Invitation to Tender
• Tender Form

Question 15

How do you stipulate quality criteria during the tender?

Answer 15

If tendering is on a best value basis (quality and cost) the criteria and their respective weightings should be set out in the invitation to tender.

Question 16

What is included within the Invitation to tender?

Answer 16

• the documents referenced within
• time and date for return of tender bids
• Point of contact for queries
• basis of award (i.e. best value, lowest cost)
• Arrangements and procedures selected for priced documents
• the documents to be supplied by the tendering contractor (e.g. CPs, designs etc)

Question 17

What should you do if you receive a tender bid outside the submission window?

Answer 17

This tender should be discarded to ensure a fair tender inline with the recommended practice within the JCT Tender Strategies Practice Note.

Question 18

How do you ensure tender compliance?

Answer 18

• Ensure all tenderers are issued with the same level of information.
• ## If tender clarifications are issued these should be issued to all tenderers at the same time.

Question 19

What if a tenderer issues a qualified tender?

Answer 19

A qualified tender has exclusions or limitations away from contractual requirements. The tenderer should have the ability to amend to comply this at no change in price, otherwise the tender should be rejected.

Question 20

What should you do if you identify an error in a tender return?

Answer 20

There are two options which must be set out in the Invitiation to Tender.

Alternative One - the tenderer is given the option to stand by the potential error or withdraw their tender. Should they stand by it this should be documented.

Alternative two - The tenderer is given the oportunity to stand by their bid or amend their bid.

Question 21

What is a Private Finance Initiative?

Answer 21

A PFI is a long-term contract between a government entity and a private party to design, build, finance and operate a public asset and related services.

An example of this is The University College London Hospitals NHS Trust PI Project to develop the hospitals along Euston road etc.

Question 22

What would you do if you only received two acceptable PQQ responses?

Answer 22

Depending on time.
- I would reissue to oither parties as two parties doesnt provide an adequate number to ahvea competitive tender and good analysis.
- Undertake a negotiated tender

Question 23

What are the different types of procurement?

Answer 23

• Design and Build
• Traditional
• Managment
• Partnering
• Design Build Finance Operate

Question 24

What is management procurement?

Answer 24

The works are constructed by a number of different contractors who are contracted to a management contractor appointed by the client.

Question 25

What are the of management procurement advantages and disadvantages

Answer 25

Advantages
- Early contractor engagement
- Early works can be progressed (excavations)

Disads
- Price uncertainty
- Cost premium
- Unsuitable for smaller projects
- Market Volatility

Question 26

What is the difference between management contracting and construction management?

Answer 26

Management contracting differs from construction managament in that management contractors contract works contractors direct, whereas construction managers only manage trade contracts, the contracts themselves are placed by the client

Question 27

Can you tell me about the E-tendering guidance note?

Answer 27

RICS Guidance Note: E-tendering 2010

• E-tendering ten point plan
• Methods of data exchange (physical media (CD, USB) emails, Cloud based
• Security
• Tender procedures (what format files should be sent in word, pdf, excel, dwg etc)

All in all it is good guidance however has to be taken with a pinch of salt as is dated from 2010 and since then there has been considerably advancements in technology and online infrastructure.