Tute 6 (Melany)

Question 1

What steps should you have taken to reduce the risk of only 1 [or none] of the contractors submitting a tender by the due date? (2 or more)

Answer 1

• Keep in contact with the Contractors in the week/s beforehand to see if they’re on track.
• If you are aware that some of them will not submit, you can extend the tender period before the end of closure… - This extension to the tender date allows the contractors more time to submit tenders, and/or allows the Architect to invite other contractors to tender so that it remains a competitive tender.

Question 2

What should you remind your client of if at the last minute the they indicate they will contract with a ‘builder friend’ instead of the tenderer that they are currently negotiating with?

Answer 2

Remind the client that they have been negotiating with the tenderer in good faith; “We don’t believe this is in the spirit of the Code of Tendering and this behaviour and is not advisable.”

Question 3

Is the Code of Tendering legislated?

Answer 3

No, but it’s a benchmark and the Architect can be found negligent if the Code of Tendering if not followed.

Question 4

What information should you ask prospective Contractors when preparing a tender list on behalf of your client?

Answer 4

Past experience, insurances, scale of built work, complexity, capacity, key personnel, company organisation chart, building registration number/license, financial statement, evidence of past financial year, regular subcontractors, references, OHS policies, risk management strategies, current VCAT hearings taking place, past disciplinary actions, conflict of interest.

Question 5

What are some of the questions you should ask other architects when conducting a reference check for a prospective Contractor?

Answer 5

• Variations: were they reasonably priced?
• Defects: how well were they at rectifying defects?
• Quality built work?

Question 6

How many weeks is the recommended tender period fo a standard project?

Answer 6

4 weeks.

Question 7

How many Contractors should be invited to tender?

Answer 7

3 to 4 is usually acceptable, with a maximum of 6.

The number should be such that if one pulls out, it should still remain competitive.

Question 8

What information should be given to tenderers when being invited to tender?

Answer 8

• Notice to tenderers
• Conditions of tendering
• General conditions of contract (Include a copy of the contract)
• Contract schedules
• Tender form
• Schedule of monetary sums (PC & PSums)
• Rates, relevant information (key staff, current commitments, project precedents, etc.)
• Specification Preliminaries
• Technical Specification
• Technical Schedules
• Drawings
• Bills of Quantities

Question 9

What are some of the factors that clients should consider when comparing tenders?

Answer 9

• Conformity with the tender documents and addenda
• Ability to execute the works
• Current commitments
• Record of performance especially in relation to time and quality of work
• Ability to perform within the contract time
• Financial capacity
• Value for money

Question 10

Up until what point in the (4 week) tender period is it appropriate to issue Addendums which have monetary implications?

Answer 10

1 week (or 5 working days) before the close of tenders.

(As a general rule, Addenda which would have monetary implications should not be issued less than 5 working days before the closing of tenders.)

Question 11

Can the client extend the tender deadline after one or more of the tenderers have submitted a tender?

Answer 11

No.

Question 12

Does Melany prefer static or dynamic climbing?

Answer 12

Dynamic.

Nah jokes!!!

Static all the way…

Question 13

What is a ‘Qualified Tender’?

Answer 13

Where tenders offer to build as designed, but under conditions that differ from those stated in the tender documents.

Eg, the contractor may make the owner responsible for payment of any site allowances.

Question 14

If the number of tenders received is insufficient, what should you do on behalf of your client? (2)

Answer 14

With the client’s approval you can extend the tender period (without opening tenders) or re-call. In both cases, the architect should immediately advise those who have tendered.

Question 15

At what point does a tender technically lapse? (4)

Answer 15

• If a withdrawal of tender is communicated to client.
• If a counter offer is made by the client.
• Or if the validity period expires.
• Or the passing of ‘reasonable’ time.

Question 16

What do you do if you suspect the tendered made a monetary mistake in their tender?

Answer 16

Ask the contractor reconfirm their tender price, then stand by it or withdraw it.

Question 17

With regards to Non-conforming tenders, how can fairness be maintained? (1)

Answer 17

Fairness can be maintained if the information to tenderers state that the client may consider non-confirming or alternative tenders.

To allow for a proper comparison, request the tenderers to provide:

1) a confirming tender, plus
2) offer the non-confirming tender as an alternative

Question 18

Can negotiations proceed with more than one tenderer at a time?

Answer 18

No.

Question 19

What can you do (on behalf of your client) if none of the tenders submitted are acceptable?

Answer 19

The architect (on behalf of the client) may negotiate with the lowest valid tenderer to endeavour to arrive at a satisfactory new tender, after notifying all tenderers that they are going so.

Question 20

If no tenders come back acceptable (i.e. if the tender market is ‘saturated’), what are the three methods for dealing with this situation:

Answer 20

1) The architect may negotiate with the lowest conforming tenderer,
2) Vary the scope of works and caller new tenders,
3) Wait a reasonable amount of time before re-calling tenders (it is important to wait enough time).