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20 Cards in this Set
- Front
- Back
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To understand what contractual requirements are required, and to understand how to select the most appropriate procurement method you need to understand three core things. What are they? |
1) The Benefits 2) The Risks 3) The Budget Constraints |
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What are the 7 main factors influencing procurement choice? |
1) External Factors - Political, economical, social 2) The Client - resources, experience and risk aversion - Public/Private, Their experience is key to consideration. 3) Project characteristics - Size, Complexity, location, uniqueness 4) Ability to make changes - Changes in scope result in increased costs and time, especially if they occur during construction. It is important to understand, from the outset, to which extent the design is to be completed and changes made. 5) Cost issues - If price certainty is required, then it is important to have a complete design, and avoid any changes prior to tender. 6) Timing - Most projects are required within a specific time. It is important to allow design time, especially if design is to be complete prior to tender. Sometimes design and construction can run along side each other if a completion date is critical. Planning can also influence progress. Time and cost risks should be considered. 7) Risks - The chosen strategy should balance risk against the project objectives early on. Key criteria for most clients is; - Time (Speed or certainty of completion date) - Cost (Price level or cost certainty - Quality (functionality and performance) No procurement method will achieve all three of the above criteria so the client and advisers need to determine which is most important. |
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There are 3 main criteria that should be ascertained; what are they and can you achieve all three any type of procurement method? |
- Cost - Cost certainty means a fixed design with no changes in construction, and usually within a certain time. This could imapact on quality. - Quality - Performance and functionality could require more changes, and more time. This impacting on both time and cost. - Time - Completion date certainty, could impact on the design quality. It could also impact on cost if the programme isn't achieved. No you cannot achieve all three in any type of procurement. |
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Name the 4 main type of procurement routes in landscape and construction? |
1) Traditional (BoQ, Drawings, specification) 2) Management 3) Design and Build 4) Partnering |
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Which two documents provide good guidance on single stage and two stage selective tendering? They also provide guidance competitive dialogue, e-tendering, as well as description of PQQ and the assessment criteria. |
1) JCT Practice Note 2012 2) NBS Guide to Tendering |
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What is a preliminary enquiry? |
The preliminary enquiry consists of a letter, Project Information Schedule and questionnaire which is sent to contractors to check if they are interested in tendering for a project if selected to do so following a PQQ. Note: This is a step on from the PQQ, from the PQQ a list of tenderers will be made and so you should check that these firms are still interested. |
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What is typically contained within a 'Project Information Schedule'? *Remember this is the form that is filled in by the employer/client |
1) Project Title & Description 2) Location 3) Client name, consultant team and details 4) Contact details for queries and communications 5) Duration of the works, including start date 6) Estimated cost range (Budget) (Some contractors might come back and say its too big or too small) 7) Access to the site 8) BIM requirements 9) Identified risks 10) 11) Tendering Procedure - Type of procedure - Method of submitting docs (electronic/hard) - Closing date for return of questionnaire - Dates for prelim interviews - Criteria of pre-selection of tenderers - Intended issue date of tender docs. - Proposed tender period - Proposed number of tenderers 12) Form of Contract 13) Contract Particulars (Collateral warranties, 3rd party rights, bonds, contractos insurances) 14) Contract amendments & notifications 15) Listed or named sub contractors and the work intended for them 16) Mode of execution (deed/simple contract) 17) Tender assessment and award |
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What information is required as part of the questionnaire? *Remember this is the information the contractor will need to submit * There are 8 key criteria |
1) Corporate particulars 2) Financial standing 3) Technical capacity 4) Management and personnel 5) Insurances 6) Subcontractors and supply chain 7) Good standing, Litigation 8) References |
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What happens during a tender evaluation process? *4 main steps |
1) Tenderers return tender documentation 2) Examination of priced documents 3) Tender recommendation 4) Acceptance of tender |
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The JCT note and NBS recommend two procedures for tenderers in dealing with errors found in their tender documents. What are they? |
1) Confirm or withdraw 2) Confirm or amend |
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Describe what 'Confirm & Withdraw' means? |
This option is suitable for Public Procurement as correction of the overall tender price is not permitted. Inconsistent with partnering approach, and not appropriate for Two Stage Tendering. When an error is found during examination of tender documents, a tenderer is given the option to; - confirm the tender after being made aware of the error - withdraw their tender - If confirmed an endorsement is added to the measured items/BoQ, not to the prelims, provisional sums, prime cost or contingencies. e.g. if 10% error then 10% is added to all the BoQ rates (Give or take) |
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Describe what 'Confirm & Amend ' means? |
- Tenderer given opportunity to amend genuine errors, you cannot negotiate - Correction of overall price is permitted - Final tender price can vary - If tender confirms, then an endorsement is added, similarly to 'Confirm & Withdraw' - If tenderer chooses to amend, check the new price does not exceed the next lowest. If it does then turn to the next lowest tender - If the tender remains the lowest then the tenderer should be allowed to amend the original BoQ to correct and initial the items, or confirm the alterations in a letter. - If the tenderer is successful this letter should be joined with the acceptance and the amended tender figure and the rates in ti substituted for those in the original tender. |
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What is the tender and what does it comprise? *10 key points |
The tender report is a summary of the tender process. It comprises; 1) Statement of the project 2) The type of contract selected 3) Scope of the contract 4) Tender process selected 5) Pre qualification criteria 6) Tender evaluation criteria, including quality assessment criteria, if applicable. 7) Reasons for recommendation 8) The Recommendation 9) Reasons for rejected, withdrawn, unsuccessful tenders 10) Summary of negotiations, if any |
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Acceptance of a tender, what is the process? |
- The tender report is completed and sent to client for review - Client approves/rejects the recommendation - If approved, either the client or the their consultant writes to the tenderer accepting his offer - Public procurement has a stand still period |
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What is the stand still period? |
- It is a pause between the point the contract award decision is notified to bidders, and the final contract conclusion - Suppliers can challenge the decision - The notice is issued in the form of a 'award decision notice' or a 'Regulation 86 notice' - A reason for the award decision must be included - period is usually 10 days if electronic - It is in the best interest for authorities to issue the notice to avoid ' post contractual Ineffectiveness claims' and subsequent remedies - Any legal challenge triggers an automatic suspension of the contract award - |
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What is meant by 'Call-Off' contract? |
A call-off contract is basically selecting a tenderer from a framework. |
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If an awarded contract gives rise to dispute, what regulation is in place for this? *DSPCR |
Defence and Security Public Contract Regulation 2011 |
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When does a contractor become a contractor? |
A contractor is known as a tenderer up until the letter of acceptance from the client. All the documents at this point become the contract documents and the tenderer becomes the contractor. |
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When does a contractor need to notify HSE? |
1) When a project lasts more than 30 days, and has 20+ people working on a project at any given time 2) 500+ days of construction work |
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If a project is notifiable to HSE, when can the contractor begin on site? |
- The contractor cannot start on site until the H&S plan has been approved by HSE - Remembering that the client is responsible for notifying HSE, unless it is a domestic client |
