Tendering Procedures

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  • 7/30/2019 Tendering Procedures

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    Ahmed Saleh Mokhtar, PMP1

    1-1-Establishment of Project StrategyEstablishment of Project Strategy

    2- Pre-qualification processes2- Pre-qualification processes

    3- Obtaining Tenders3- Obtaining Tenders

    4- Opening of Tenders4- Opening of Tenders

    5- Evaluation of Tenders5- Evaluation of Tenders

    6- Award of Contract6- Award of Contract

    TENDERING PROCEDURAL FLOWCHARTS ACCORDING TO FIDIC

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    Establishing procurement StrategyEstablishing procurement Strategy

    Requirements definition!

    1.0

    ESTABLISHMENT OF

    PROJECT STRATEGY

    Establish project strategy comprising:

    procurement method

    form of tendering / Contracting

    time schedules

    Establish project strategy comprising:

    procurement method form of tendering / Contracting

    time schedules

    SECTION EMPLOYER/ENGINEER CONTRACTORS

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    Procurement Strategy

    Whether to procure?

    make or buy?, Break-even analysis.

    Procurement planning is the process of identifying which

    project needs can be best met by procuring products or

    services outside the project organization and should beaccomplished during the scope definition effort. It involves

    consideration of whether to procure, how to procure, what to

    procure, how much to procure, and when to procure.

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    Break - even AnalysisBreak - even Analysis

    No.

    of

    Units

    Cost

    Buy

    MakeBreak-even Point

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    Procurement StrategyProcurement StrategyWhat, How, WhenWhat, How, When

    How much to procure?

    Work packages (E&M works, Finishing, etc)

    Phases: Design, Construction, Testing (Design-Build, etc)

    Project incl. Finance (BOT),

    What to procure? Goods (Material and Equipment),

    Services, combination of them.

    When to procure? Master time schedule, long lead items,

    market conditions (inflation, etc)

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    How to procure: Bidding TypesHow to procure: Bidding Types

    How to procure?

    Bidding and Contract type selection.

    Tenders: open, restricted and local tenders

    Bidding Type:

    Negotiations: open, restricted and local negotiations

    Direct orders: special cases

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    How? Broad categories of contractsHow? Broad categories of contracts

    Fixed-price or lump-sum contracts: involve a fixed total price for a well-

    defined product. They may include incentives for meeting or exceeding

    selected project objectives.

    Cost-reimbursable contracts: involves payment (reimbursement) to the seller

    for its actual costs, plus typically a fee representing seller profit. They often

    include incentives for meeting or exceeding selected project objectives.

    Re-measured contracts: are a hybrid type of contractual arrangement thatcontains aspects of both cost-reimbursable and fixed-price-type

    arrangements. e.g. Fixed unit rates + variable quantities)

    Incentive contracts: add to other types of contracts

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    Fixed Price / Lump sum ContractsFixed Price / Lump sum Contracts

    Advantages Disadvantages

    Firm assurance of cost Control of changes /

    delays Min. Buyer follow up Quick completionincentive

    Must have clearrequirements Delayed solicitation

    documents High bidding costs Increased prices tocover Sel ler risks(contingencies)

    Fixed total price for a well defined product

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    Cost Reimbursable ContractsCost Reimbursable Contracts

    Advantages Disadvantages

    Max. Flexibility to Buyer Min. Profit to Seller Min. Negotiations Min. Preliminary Specscosts

    Min. Start time(Early completion)

    Min. Risk of not qualifiedBidders with lowest price

    No assurance of actualcost No financia l incentive Excessive changes indesign and (high) specs by

    Buyer staff = more cost +time Auditing by Buyerrequired

    Payment to the seller for its actual cost (direct and indirect) + fee

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    Incentive ContractsIncentive Contracts

    Fixed-Price-Incentive-Fee

    (FPIF)

    Cost-Plus-Incentive- Fee

    (CPIF) Final Price is guaranteedbe Seller (loss is possible) If actual cost < TargetCost, savings are shared

    according to formula. If actual cost > TargetCost, Sellers Target fee is

    reduced. Point of total assumption

    Seller is reimbursed 100% ofcosts (loss is not possible) BUT a max. and min. feeexists If actual cost < Target Cost,savings are shared according to

    formula. If actual cost > Target Cost,Sellers target fee is reduced.

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    Guaranteed max.-Share savingsGuaranteed max.-Share savings

    Advantages Disadvantages

    Firm assurance of costControl of changes / delaysMin. Buyer follow upQuick completion incentiveBuyer and Seller share risksPossible cooperation in furtherprojects

    Clear requirementsComplete auditing b y Buyer

    required

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    2.1

    PREPARATION OF PRE-

    QUALIFICATION

    DOCUMENTS

    Prepare pre- qualificationdocuments comprising:

    letter of invitation

    information about

    prequalificationprocedure

    project information

    prequalification application

    Prepare pre- qualificationdocuments comprising:

    letter of invitation

    information about

    prequalification

    procedure

    project information

    prequalification application

    SECTION EMPLOYER/ENGINEER CONTRACTORS

    2- Pre-qualification processes

    RECOMMENDED PROCEDURE FOR THERECOMMENDED PROCEDURE FOR THE

    PRE-QUALIFICATION FOR TENDERERS (1PRE-QUALIFICATION FOR TENDERERS (1))

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    2.2

    INVITATION TO

    PREQUALIFY

    PREPARE PRE-QUALIFICATION

    ADVERTISEMENT IN PRESS,EMBASSIES

    ETC. AS APPROPRIATE STATING:

    employer & Engineer

    outline of project (scope, location,

    programme, source of finance)

    dates for issue of tender documents& submission of tenders

    instructions for applying for pre-qualification

    minimum requirements for pre-qualification

    submission date for contractors pre-ualification

    PREPARE PRE-QUALIFICATION

    ADVERTISEMENT IN PRESS,EMBASSIES

    ETC. AS APPROPRIATE STATING:

    employer & Engineer

    outline of project (scope, location,

    programme, source of finance)

    dates for issue of tender documents

    & submission of tenders

    instructions for applying for pre-qualification

    minimum requirements for pre-qualification

    submission date for contractors pre-qualification

    SECTION EMPLOYER/ENGINEER CONTRACTORS

    RECOMMENDED PROCEDURE FOR THE PRE-RECOMMENDED PROCEDURE FOR THE PRE-

    QUALIFICATION FOR TENDERERS (2)QUALIFICATION FOR TENDERERS (2)

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    2.3

    ISSUE & SUBMISSION

    OF PREQUALIFICATION

    DOCUMENTS

    Issue prequalification documents &

    questionnaires requesting from each

    company/joint venture:

    organisation & structure

    experience in the intended type of

    work & the region

    resources:

    - Managerial

    - Technical

    - Labour

    - Plant

    financial statements

    current contract commitments

    litigation history

    Issue prequalification documents &

    questionnaires requesting from each

    company/joint venture:

    organisation & structure

    experience in the intended type of

    work & the region

    resources:

    - Managerial

    - Technical

    - Labour

    - Plant

    financial statements

    current contract commitments

    litigation history

    Acknowledge receipt

    Acknowledge receipt

    Complete & submit PQ documents

    & questionnaires

    Complete & submit PQ documents

    & questionnaires

    SECTION EMPLOYER/ENGINEER CONTRACTORS

    Request Prequalification documentsRequest Prequalification documents

    RECOMMENDED PROCEDURE FOR THE PRE-RECOMMENDED PROCEDURE FOR THE PRE-

    QUALIFICATION FOR TENDERERS (3)QUALIFICATION FOR TENDERERS (3)

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    2.4

    ANALYSIS OF

    PREQUALIFICATION

    APPLICATIONS

    Analyse Prequalification data:

    - company/joint venture structure

    - experience

    - resources- financial capailty

    - general suitablity

    Analyse Prequalification data:

    - company/joint venture structure

    - experience

    - resources- financial capailty

    - general suitablity

    2.5

    SELECTION OF

    TENDERERSPrepare list of tenderersPrepare list of tenderers

    SECTION EMPLOYER/ENGINEER CONTRACTORS

    2.6

    NOTIFICATION OF

    APPLICANTS

    Notify all selected tenderersNotify all selected tenderersAcknowledge & confirm

    intention to submit tender

    Acknowledge & confirm

    intention to submit tender

    SHORT LIST

    RECOMMENDED PROCEDURE FOR THERECOMMENDED PROCEDURE FOR THE

    PRE-QUALIFICATION FOR TENDERERS (4)PRE-QUALIFICATION FOR TENDERERS (4)

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    RECOMMENDED PROCEDURE FOR OBTAININGRECOMMENDED PROCEDURE FOR OBTAINING

    TENDERS (1)TENDERS (1)

    3.1

    PREPARATION OF

    TENDER DOCUMENTS

    Prepare tender documents:

    Letter of invitation to tender

    Instructions to tenderers

    General and special Conditions

    of contract

    Form of tender

    Drawings and specifications

    Bill of quantities

    Additional information

    Prepare tender documents:

    Letter of invitation to tender Instructions to tenderers

    General and special Conditions

    of contract

    Form of tender

    Drawings and specifications

    Bill of quantities

    Additional information

    SECTION EMPLOYER/ENGINEER TENDERERS

    3- Obtaining Tenders3- Obtaining Tenders

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    Types of SpecificationsTypes of Specifications

    Design Specs: What is to be done in terms of

    physical characteristics, Riskon the Buyer.

    Performance Specs: Measurable capabilities in

    terms ofoperational characteristics of the end

    product, Riskon the Seller. Functional Specs: The Seller describes the end

    use of the product, Riskon the Seller.

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    3.3

    VISIT TO SITE BY

    TENDERERS

    Arrange date and time

    for visit site

    Arrange date and time

    for visit siteApply for visit to site if

    required

    Apply for visit to site if

    required

    Visit(s) to site by tenderers accompanied by

    employer/engineer

    Visit(s) to site by tenderers accompanied by

    employer/engineer

    Issue tender documents to

    contractors on list of

    tenderers

    Issue tender documents to

    contractors on list of

    tenderers

    Acknowledge receiptAcknowledge receipt

    3.2

    ISSUE OF TENDER

    DOCUMENTS

    RECOMMENDED PROCEDURE FOR OBTAININGRECOMMENDED PROCEDURE FOR OBTAINING

    TENDERS (2)TENDERS (2)

    SECTION EMPLOYER/ENGINEER TENDERERS

    To 3.5To 3.5

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    3.4

    TENDERERS

    QUERIES

    A) Correspondence

    Method

    B) Tenderers

    Conference

    Method

    A) Prepare repliesA) Prepare replies

    Submit queries in

    writing by given date

    Submit queries in

    writing by given date

    B) Inform tenderers present of queries and replies submitted

    in writing. Replies to queries raised at conference

    B) Inform tenderers present of queries and replies submitted

    in writing. Replies to queries raised at conference

    RECOMMENDED PROCEDURE FOR OBTAININGRECOMMENDED PROCEDURE FOR OBTAINING

    TENDERS (3)TENDERS (3)

    SECTION EMPLOYER/ENGINEER TENDERERS

    Send minutes to alltenderers

    Send minutes to alltenderers

    Acknowledgereceipt

    Acknowledgereceipt

    Issue addenda including

    replies to queries to all

    tenderers

    Issue addenda including

    replies to queries to all

    tenderers

    Acknowledge

    receipt

    Acknowledge

    receipt

    3.5

    ADDENDA TO

    TENDER

    DOCUMENTS

    FORM 3.2FORM 3.2

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    3.6

    SUBMISSION ANDRECEIPT OF TENDERS

    Record date and time of

    receipt

    Record date and time of

    receipt

    Submit tenders

    Acknowledge receipt or

    return unopened tendersreceived late

    Acknowledge receipt or

    return unopened tenders

    received late

    RECOMMENDED PROCEDURE FOR OBTAININGRECOMMENDED PROCEDURE FOR OBTAINING

    TENDERS (4)TENDERS (4)

    SECTION EMPLOYER/ENGINEER TENDERERS

    LIST OF TENDERERS

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    RECOMMENDED PROCEDURERECOMMENDED PROCEDURE

    FOR THE OPENING OF TENDERSFOR THE OPENING OF TENDERS

    4.1

    OPENING OF

    TENDERS

    Tender opening by public or

    restricted opening: announce and record the names of

    tenderers and prices, including

    prices for alternative tenders if

    appropriate announce and record names of

    tenderers (if any) disqualified due

    to late or non-arrival of tenders

    Tender opening by public or

    restricted opening: announce and record the names of

    tenderers and prices, including

    prices for alternative tenders if

    appropriate announce and record names of

    tenderers (if any) disqualified dueto late or non-arrival of tenders

    SECTION EMPLOYER/ENGINEER TENDERERS/CONTRACTOR

    Attend public/

    restricted openingif desired

    Attend public/

    restricted openingif desired

    4- Opening of Tenders4- Opening of Tenders

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    RECOMMENDED PROCEDURE FORRECOMMENDED PROCEDURE FOR

    THE EVALUATION OF TENDERS (1)THE EVALUATION OF TENDERS (1)

    5.2 TENDERS

    CONTAINING

    DEVIATIONS

    Evaluate deviations, seek clarification &

    rank tenders as evaluated

    Evaluate deviations, seek clarification &

    rank tenders as evaluated

    5.3

    ADJUDICATIONOF TENDERS

    5.4

    REJECTION OF

    ALL TENDERS

    Assess tenders in accordance with

    evaluation criteria Raise further points requiring

    clarification, if any complete evaluation check with funding agency

    Reject non-conforming tenders &advise tenderer(s) concerned

    Assess tenders in accordance with

    evaluation criteria Raise further points requiring

    clarification, if any complete evaluation check with funding agency Reject non-conforming tenders &

    advise tenderer(s) concerned

    SECTION EMPLOYER/ENGINEER TENDERERS/CONTRACTOR

    Provide clarificationProvide clarification

    Provide clarificationProvide clarification

    5.1

    REVIEW OF

    TENDERS

    Establish conformity and completeness

    of tenders, reject substantially

    unresponsive tenders

    Establish conformity and completeness

    of tenders, reject substantially

    unresponsive tenders

    5- Evaluation of Tenders:5- Evaluation of Tenders:

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    Evaluation CriteriaEvaluation Criteria

    Sample criteria:

    Subjective and Objective Criteria

    Often part of procurement documents, Why?

    Overall life cycle cost: present value of purchasing, O&M, other costs.

    Technical and managerial capabilities

    Past experience

    Financial capacity

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    RECOMMENDED PROCEDURE FORRECOMMENDED PROCEDURE FOR

    THE AWARD OF CONTRACTTHE AWARD OF CONTRACT

    6.0

    AWARD OF

    CONTRACT

    6.1

    ISSUE LETTER OF

    ACCEPTANCE

    6.2

    PERFORMANCE

    SECURITY

    Decide on contract

    award, if necessary after

    pre-award discussions

    Decide on contract

    award, if necessary after

    pre-award discussions

    SECTION EMPLOYER/ENGINEER TENDERERS/CONTRACTOR

    Attend pre-award

    discussions, if

    required

    Attend pre-award

    discussions, if

    required

    Issue letter of acceptance Issue letter of acceptanceAcknowledge

    receipt

    Acknowledge

    receipt

    Obtain performance

    security from contractor

    Obtain performance

    security from contractorProvide performance

    security

    Provide performance

    security

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    RECOMMENDED PROCEDURE FOR THE OPENING ANDRECOMMENDED PROCEDURE FOR THE OPENING AND

    EVALUATION OF TENDERS (3)EVALUATION OF TENDERS (3)

    6.3

    PREPARATION

    OF CONTRACTAGREEMENT

    6.4

    NOTIFICATIONOF

    UNSUCCESSFUL

    TENDERERS

    SECTION EMPLOYER/ENGINEER TENDERERS/CONTRACTOR

    Prepare contract documents

    Signing of contract

    Prepare contract documents

    Signing of contract Signing of contractSigning of contract

    Advise unsuccessfultenderers and return tender

    security (if provided)

    Advise unsuccessfultenderers and return tender

    security (if provided)

    Unsuccessfultenderers

    acknowledge receipt

    Unsuccessfultenderers

    acknowledge receipt

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    Contract DefinitionContract Definition

    A contract is a mutually binding agreement that

    obligates the seller to provide the specified product

    and obligates the buyer to pay for it. A contract is alegal relationship subject to remedy in the courts .

    Contracts may be called, among other names, a

    contract, an agreement , a subcontract, a purchase

    order, or a memorandum of understanding.