Time, Cost, Quality, Risk, Novation

Question 1

What would you take into consideration when looking at Time?

Answer 1

• How much time is there to prepare a complete design
• When is the site available
• When is the work required to be completed
• What are the phasing or sectional requirements
• The financial effect of a delayed completion

Question 2

What would you take into consideration when looking at Cost?

Answer 2

• The impact of inflation over a lengthy contract period
• The time of fixing the price of the works and certainty of out-turn costs
• What level of risk is acceptable to the client
• What level of risk is acceptable to the contractor

Question 3

What would you take into consideration when looking at Quality / Performance?

Answer 3

• Is retention of design control and important issue
• Will the nature of the works require stringent supervision
• Is the building listed or in a conservation area

Question 4

What is Novation?

Answer 4

• A new contract that transfers the rights and obligations of one contractual party to a new third party i.e. design rights and obligations of the architect transferred to the contractor

Question 5

If the design team is novated, what should the client put in place?

Answer 5

A collateral warranty to the design team. Creates a contractual relationship between parties where there would otherwise not have been any.

Question 6

On Tolworth you undertook a tender analysis and prepared a tender report, explain the process of the analysis and the contents of the report.

Answer 6

• Record on tender opening sheet (price and programme) at correct time and date
• Check for errors and conflicts
• Raise tender queries
• Equalisation/ Normalisation
• Agree cost with contractor
• Recommendation
• Notify tenderers of result

Question 7

How were tender queries dealt with both pre tender return and post?

Answer 7

I assembled a query sheet which i sent to each contractor. I then compiled all of the queries and answered them which was sent back to all contractors.

Question 8

How did the scoring matrix you suggested to your client work? Was it just based on cost?

Answer 8

The scoring matrix was 65% cost and this was recommended because the works was of such a simple nature

Question 9

What was discussed at the procurement workshop for QL?

Answer 9

At the procurement workshop, I discussed with the client what their key drivers:
Time
Cost
Quality

Question 10

How did you explain all the main procurement routes to your client for SWL?

Answer 10

By providing a matrix of priority based on:
Time
Cost
Quality
Risk

Question 11

What did you advise on the scoring matrix for Tolworth?

Answer 11

I advised that due to the nature of the works, which was of a simple nature, and the client wanting to keep a tight budget, a competitive tender with 80% scoring would be best. The companies chosen for an expression of interest were known to the client and consultant team that were capable of producing works.

Question 12

What regulation does OJEU fall under?

Answer 12

Public contracts regulations 2015.

Question 13

What is the OJEU threshold for works contracts?

Answer 13

£5.35m Works Contracts

Question 14

What does a novation agreement look like?

Answer 14

Relinquish consultants of contractual relation to the client
Contractor responsibilities for performance prior to novation
CW Placed
Technical Design and beyond S4 Design
Develop in coordination with other disciplines

Question 15

Who takes the risk on design that has been undertaken prior to novation?

Answer 15

Dependent on what agreement states but my clients novation agreement states the contractor will take this risk