Professional Documents
Culture Documents
Type of Procurement
M S MOHAMED MUNAS
B.Sc Hons in QS, MRICS, MCIOB, MCABE, MCInstCES, FCMI, MQSI
Contact: munasqs@yahoo.com
Learning Outcomes
Contract Award
1
Type of Procurement 8/3/2021
Procurement Strategies
Type of Procurement
PROCUREMENT STRATEGIES
Procurement can be defined as the process required acquiring goods and
services from outside the performing organization.
Procurement system sets up the roles and relationships of the parties.
It is sets up the overall management structure and systems and helps shape
the overall values and style of the project.
The selection of a procurement system depends on the client’s objectives and
end product.
Different methodologies are available as procurement strategies.
A procurement strategy selected for a particular project will depend on a
number of criteria: the client body, the project type and size, the time
available, the cost certainty required and the responsibility for design.
These criteria will often conflict with one another, and the most suitable
procurement strategy will therefore represent a balance between them.
A good procurement methodology improves overall performance of project
delivery.
Type of Procurement
2
Type of Procurement 8/3/2021
3
Type of Procurement 8/3/2021
Type of Procurement
4
Type of Procurement 8/3/2021
Q1) What are the selection Criteria for consideration to choose the suitable
procurement route?
1. Time.
2. Cost certainty - the stage at which cost certainty is achieved.
3. Quality.
4. Type of client - (Experience/ input required by the client) .
5. Risk allocation.
6. Design responsibility.
7. Design development- the stage at which design certainty is assured.
8. Specialist input.
9. BIM. (UK only)
10. Level of Variation.
11. Project complexity.
12. Ability to change scope of works.
13. Contract administration.
14. Point of financial commitment by the client.
15. Over lapping of the stages, e.g. design and construction.
It is the balance between these aspects that will determine the most
appropriate method of procurement.
Type of Procurement
Traditional Management
Design & build Other
method Oriented
Management PPP
Sequential Develop & Construct Contracting
Accelerated Package deal PFI
Construction
Management
Turnkey Term Contract
Design and
Manage Framework agreements
Serial Contracting
Continuation Contracts
Alliancing
JV
Partnering Approach
Type of Procurement
5
Type of Procurement 8/3/2021
TRADITIONAL METHOD
Employer
Engineer Contractor
Suppliers Sub-contractor
Indicates Contractual Relationship between parties
Indicates lines of communication
Type of Procurement
6
Type of Procurement 8/3/2021
Type of Procurement
7
Type of Procurement 8/3/2021
Q1 When design is completed prior to tender, Can we use measure and value
Contract instead of lump sum contract? ( Answer Yes/ No)
Q2 In above circumstance, how you would called that procurement method?
Q3 as per Q1, if you use single stage tendering to select a contractor, how you
would called that procurement method?
Q4 as per Q1, if you use two stage tendering OR negotiated tendering, to select a
contractor, how you would called that procurement method?
Type of Procurement
Type of Procurement
8
Type of Procurement 8/3/2021
Homework
1. What is Assignment?
2. What is the major difference between
Assignment and Novation?
Type of Procurement
Thank you
By M.S.M.Munas,
Type of Procurement
9
Type of Procurement 8/3/2021
Employer
Novation is a process in which the contractual rights and obligations are transferred to
a third party. Or
replacing party to an agreement with new party or replacing old agreement with new.
Type of Procurement
Type of Procurement
10
Type of Procurement 8/3/2021
The client may also appoint an agent to supervise the works and generally to
act on his behalf to ensure that the contractor’s proposals are complied with.
It is also common for the original consultants to be employed by the
contractor to complete the design. This is achieved through a Novation
agreement. Alternatively, the contractor can employ his own team to
complete the design, with the client's team retained to verify that the design
and construction is proceeding satisfactorily.
Type of Procurement
11
Type of Procurement 8/3/2021
Type of Procurement
12
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
13
Type of Procurement 8/3/2021
Type of Procurement
Q) Who will have the design liability in Develop & Construct method?
D&B Contractor has the Design Liability
14
Type of Procurement 8/3/2021
TURNKEY
A turnkey procurement is an arrangement whereby a project is delivered in a
completed state.
Therefore, rather than contracting with various parties to develop a project in
stages, an client enters into a contract with one party (normally a developer or
a contractor) to finish the entire project without any further input from the
client.
The developer or contractor is separate from the client, and the project is
handed over only once it is fully operational. In effect, the developer or
contractor is finishing the project and 'turning the key' over to the client.
This type of arrangement can be used for construction projects ranging from
single buildings to large-scale developments.
Client is generally left out of the building process entirely as the developer or
contractor handles all decisions and problems related to construction.
Type of Procurement
TURNKEY - Advantages
Flexibility - design can extend into the construction period. The developer or
contractor normally owns the project until it is complete, and therefore it has
the financial motivation to complete the job as quickly and efficiently as
possible.
A turnkey contract provides more time for a client to seek financing and
investors before he/she is required to pay for a completed project.
An inexperienced client does not need to make difficult construction decisions,
as those decisions are left entirely in the hands of the developer or contractor.
Type of Procurement
15
Type of Procurement 8/3/2021
TURNKEY - Disadvantages
With regard to Quality, the client normally has a lack of control over design
decisions, and this may mean that the project is not perfectly suited to his/her
needs when completed.
Type of Procurement
TURNKEY - Suitability
Contractor being responsible for design as well as construction;
therefore it can be suitable for the projects;
where the cost certainty is highly considered.
where the fast track construction requires.
Type of Procurement
16
Type of Procurement 8/3/2021
Package Deal
Package deal and turnkey are both expressions used to describe traditional
design build, but with the absolute minimum of client involvement in the
design development or the building operations.
Typical examples are farm, factory, warehouses and straightforward office
buildings.
A turnkey contract additionally requires that building is fully fitted out to
enable immediate operation by end user.
Type of Procurement
Thank you
By M.S.M.Munas,
Type of Procurement
17
Type of Procurement 8/3/2021
Type of Procurement
MANAGEMENT CONTRACTING
MC does not do any construction work himself.
MC’s role therefore is providing a cost management service on a fee basis as
part of the client’s management team.
A MC is generally appointed on the basis of a fixed management fee (usually a
percentage based on the prime cost of the project) which is paid on top of the
construction costs incurred by the management contractor.
The MC advise on the design programming and provide Buildability advice at
an early stage to the design team.
MC divide construction work into several packages.
The management contractor then employs and pays works contractors to
carry out the actual construction works.
Management Contracting consists of 100% sub-contracting. Every item of the
construction works is sub-contracted to the works contractors.
Works Contractors may be select by competitive base or selective base.
Works contractors tend to be procured as and when they are required.
The prime cost of all the works contractors is monitored against the estimated
prime cost, and the client therefore retains the cost risk on the project, unless
there is a default by the management contractor.
Type of Procurement
18
Type of Procurement 8/3/2021
MANAGEMENT CONTRACTING
Management Contractor is usually only responsible to the employer for:
1. Management Contractor’s own negligence or breach of the management
contract; and
2. Breaches of the Works Contracts, but only to the extent that the
management contractor recovers damages from the works contractors.
In addition, even though the management contractor appoints the works
contractors, the employer usually also enters into a separate direct agreement with
each Works Contractor. Under these agreements, the works contractors warrant to
the employer that they will carry out their works properly.
In some respects, these agreements are similar to collateral warranties.
Unlike traditional or D&B contracting, a Management Contract is not a fixed price
lump-sum contract.
The amount to be paid to the Management Contractor is the prime cost of all work
done under the management contract, plus the Management Contractor’s fee.
Therefore, while Management Contractor is under an obligation to control costs,
employer has to pay whatever management contractor spends, plus an amount for
management fee (which may either be a lump sum or percentage of prime cost).
Because of these arrangements, the contract between the employer and the
Management Contractor can be considered a ‘cost reimbursement’ or ‘prime cost’
contract.
Type of Procurement
19
Type of Procurement 8/3/2021
Type of Procurement
20
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
21
Type of Procurement 8/3/2021
CONSTRUCTION MANAGEMENT
Employer
The processes for Construction Management are largely similar to those for
Management Contracting, with the exception that client enters into separate
contracts with each Trade contractor.
Appointment of a management team and Construction Manager (CM) on a fee
basis, which could be obtained in competition.
lead designer responsible for overall design, a CM responsible for the
management and coordination of work, the client responsible for directing the
project and entering into all trades contracts. As all trades contractors are
directly and contractually responsible to the client, CM is in some ways less
accountable for time and costs, whilst the client takes on the greater risk.
Type of Procurement
Type of Procurement
22
Type of Procurement 8/3/2021
Type of Procurement
23
Type of Procurement 8/3/2021
Type of Procurement
Will be Continue…
Thank you
By M.S.M.Munas,
Type of Procurement
24
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
25
Type of Procurement 8/3/2021
PPP - Advantages
PPP could increase and provide greater infrastructure solutions.
It will offer faster project completion and reduced delays on infrastructure
projects.
The PPP return of investment (ROI) is greater when compare to traditional
methods, due to innovative design and financing approaches.
PPP identify the expected life-cycle cost analysis and schedules operation and
maintenance component of project, programming their cost and expected
depreciation.
Risks are weighted from initial conceptual stages to determine the feasibility of a
certain project.
The operational and project execution risk is transferred totally to the private
sector, leaving the public component on a win-win situation.
PPP is a concept where early completion is expected under expected budget,
reducing the claims and change order process.
P3 allows government funds to be re-directed to other important socio-economic
areas.
Reduces government budget and budget shortfall.
Type of Procurement
PPP - Advantages
High quality standards should be obtained and maintain through expected life-
cycle of the project.
Public Private partnership allows a reduce tax payment from users.
Allows the government to direct the expected function of the project in
accordance to their own interests.
Type of Procurement
26
Type of Procurement 8/3/2021
PPP - Disadvantages
Every Public private partnership has risks involved, and the government will
the pay the price to transfer those risks to the private sector.
Certain situations can affect the purity of the process due to specialized
areas being improved, reducing the number of contractors available to
perform the requested projects.
Profits of the projects can vary depending on the assumed risk, competitive
level, complexity and volume of the project being performed.
There is a slight risk that the proposed contracting alternative being offered
is not the best suited option.
Government representative must be highly specialized personnel and
contracting experts.
PPC 2000 is used for making agreement. it was launched by Sir, John Egan in
September 2000. It integrates the entire project team under single multy
party contract. in addition PPC 2000 has been accepted by PII insurers as
well.
Type of Procurement
Type of Procurement
27
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
28
Type of Procurement 8/3/2021
Type of Procurement
29
Type of Procurement 8/3/2021
Type of Procurement
30
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
31
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
32
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
33
Type of Procurement 8/3/2021
TERM CONTRACTS
Term contracts enable employers and contractors to enter into long term
arrangements where there is likely to be a regular flow of work for the
contractor.
Term contracts are normally used where regular maintenance and repair work
or some other kind of minor improvement works to an existing asset for a
specific period.
Rather than enter into separate contracts for every piece of work, it is often
better to appoint one contractor to carry out all the works during a specified
period.
In order to obtain competitive rates, tenderers need to be informed of type of
work involved, place of work and duration of contract.
The term contract differs from lump sum contracts in that it is not possible to
define the extent of the work or establish a contract sum at the tender stage.
The term contract will contain a mechanism that enables the employer to
issue instructions (often known as ‘call-off orders’) to the contractor which
will detail the exact nature of the works required.
Term contracts are a form of measurement contract, so the contractor’s work
is measured and valued after completion on the basis of an agreed schedule of
rates.
Type of Procurement
TERM CONTRACTS
Type of Procurement
34
Type of Procurement 8/3/2021
TERM CONTRACTS
Advantages of term contract
Lower prices quoted by contractors in view of continuity of work.
Saving in time and overheads compared with a series of single job contracts.
A long term relationship resulting from contractor becoming familiar with
client’s requirements and needs.
The contractor can establish an efficient rapid response team.
In long term contract there will be a clause allowing either party to terminate the
contract on giving written notice. Type of Procurement
Framework Agreements
As with term contracts, framework agreements enable employers and contractors
to enter into long term arrangements where there is likely to be a regular flow of
work for the contractor.
However, in contrast to term contracts, framework agreements are often used to
procure the construction of a new asset, as opposed to term contracts which
generally cover the maintenance of an existing asset.
Instructions to carry out works are also issued by way of a call-off order to the
contractor but, depending on how the framework agreement is drafted the call-
off order may itself constitute a separate contract that is distinct from the
overarching framework agreement.
Type of Procurement
35
Type of Procurement 8/3/2021
SERIAL CONTRACTING
this type of contract should be similar.
In this method a number of projects often referred to as “programme” with
similar characteristics, particularly in case of design development are awarded
to a single contractor following the receipt of competitive tender based upon
a master set of documents.
Although, this forming parts of the same programme, each project is
administrated by means of separate contract.
Serial contract can consist of number of projects. Other way, a contractor
under takes and enters into a series of contract (lump sum) with the terms and
conditions set out in the initial offer.
In many programme of building work, such as providing several supermarkets
for the supermarket chain or refurbishing a high street shopping chain for
retailer, there is an element of continuity.
Type of Procurement
SERIAL CONTRACTING
The standing offer is usually taken up in a letter of intent, which should make
clear that the number of contracts let within the frame work of the offer will
depend upon satisfactory performance by the contractor, and that the
individual offers must be acceptable to the client irrespective of quantity,
quality, cost and completion on time.
The system offers an incentive to firms to maintain a high standard of
workmanship and cooperation. It produces time saving by eliminating lengthy
pre contract procedures for each project in a programme. It also enables
skilled production gangs to be kept together, which aids productivity.
Type of Procurement
36
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
37
Type of Procurement 8/3/2021
CONTINUATION CONTRACTS
Q) Can you Explain the different between serial contracts & Continuation
Contracts?
Serial Contracts (Enter in to a contract of series of projects Ex. Series of school.)
Contracts awarded to same contractor in series
No competitive prices
Mechanism to reduce prices
Selected from a pre-qualified list
Contractor enters in to series of contracts with same rates / prices
Continuation contracts
Set an initial offer
for the next project employer will use the same contractor.
Type of Procurement
ALLIANCING
Some clients able to offer a series of major long term construction opportunities, for
example the petrochemical industry, have begun to extend partnering to embrace
Alliancing.
Here, successful partners, both design collaborators, having demonstrated full
commitment in terms of previous behavioral attitudes, are invited to co-operate in
developing new schemes before even sanction for final approval by the client’s main
board of directors may have been achieved for the scheme to go ahead.
The client’s project team, designers and contractors jointly prepare target cost coupled
to a risk / award structure based on the final outcome, the implication being that future
opportunities will only be forthcoming if the final product meets the client’s satisfaction.
The management structure requires an executive team with a directorate representative
from each alliance member responsible to the client’s board for administrating the
alliance agreement.
The project itself is led by the client’s project manager heading a team comprising
managers from each of the principal parties responsible for implementation of the
project, management and administration of the works contracts.
Forms of agreement with the principal parties are still evolving either incorporated
within the individual contracts for the provision of services or quite separately in an
alliance agreement with each.
Type of Procurement
38
Type of Procurement 8/3/2021
Joint Venture
The unusual step beyond partnering is the joint venture contract between a
major client and providers of the facility, perhaps where co-operation is vital,
for example dealing Joint ventures are a common feature in international
construction projects in Asia.
There are different reasons to form joint ventures. Joint ventures can take
different forms.
The primary feature that distinguishes a joint venture from a partnership is that
the joint venture usually is formed to undertake a single project whereas a
partnership creates an ongoing business.
Proper management of joint ventures, using an appropriate joint venture
agreement, is critical in managing the risks inherent in joint ventures.
Type of Procurement
Joint Venture
Reasons to Form Joint Ventures
Taking on a project that is larger than the contractor normally would undertake,
with a view toward spreading the risk. Combining two contractors to generate
bonding capacity that each contractor would not have individually.
Teaming up two contractors with special expertise (a civil and mechanical
contractor teaming up to construct a power plant).
Teaming up a contractor that has an established organization in a country with
a contractor with little or no experience in the country but with specialized
engineering knowledge or skill.
Teaming up a foreign contractor with a local contractor that may have political
or other valuable relationships in the country where the project is.
Type of Procurement
39
Type of Procurement 8/3/2021
Joint Venture
Venture Agreements
The joint venture agreement on a sophisticated international construction
project is a complex document that usually is the product of extensive
negotiations between the parties. A typical joint venture agreement will include
more than 30 numbered paragraphs and many sub-paragraphs.
Management of Joint Ventures
1. A unique feature of the joint venture is that it needs to be managed with due
attention to the sometimes differing interests of the members.
2. While joint venture is not a partnership (usually the JV agreement will
expressly stipulate that it is not), its structure and form closely similar to a
partnership.
3. Frequently the joint venture will, like many partnerships, generally include
only two members.
4. There must be a manager of the joint venture, and the joint venture must have
a decision-making structure.
Type of Procurement
Joint Venture
Management Board
In order to avoid one party dominating the joint venture, it is a good practice to
establish an appropriate system of management.
Management normally will be in two tiers: project-level and "board" level.
The top layer is often referred to as the Management Board. - Its members
usually include senior management personnel from the head offices of the
respective members and not project staff. The Management Board usually is
empowered to take such actions as appointing the project manager and taking
action on any matters that cannot be resolved at or delegated to the project
level.
There are several different ways to manage the decision-making process at the
Management Board level. Require agreed consent on any vote, with the matter
being submitted to a dispute process in the event that agreement cannot be
reached.
This is not a particularly good approach, as there may be critical matters on
which decisions need to be made and for which delays can prove to be
damaging.
Type of Procurement
40
Type of Procurement 8/3/2021
Joint Venture
Management Board
Require common consent, but in the event common consent cannot be
reached, include a tie-breaking mechanism (end of relationship or JV).
The JV agreement should provide that the person who is to make the final
decision shall act in a way that benefits the interests of the joint venture as a
whole as opposed to any one of its individual members.
Type of Procurement
Joint Venture -
Project Level Management
The project-level management often is left to a project manager, with or
without the support of a project board.
Any project board usually will include key project personnel.
The chairman of the board usually is the project manager.
The project manager usually is selected by the management board, but
frequently the terms of the JV agreement will prescribe who may be nominated
as the "leader" of the JV and as such may be empowered to select the project
manager and/or his deputy.
The project manager and project board essentially will conduct the day-to-day
business of the JV.
Open and manage the bank account.
Submit the monthly payment applications and interact with the engineer and
the employer.
Submit and negotiate change orders.
Approve and manage subcontracts and purchase orders.
Manage work progress.
Type of Procurement
41
Type of Procurement 8/3/2021
Joint Venture -
Project Leader
The concept of the "leader" takes into account the fact that one of the joint
venture parties will have to be in a position of negotiating with the employer
and/or other third parties.
This will be the case even when there is an non-integrated joint venture in
which each party is undertaking its own separate scope of work. Therefore, it is
critical that all joint venture agreements contain provisions that either: Specify
the party that is the "leader" of the JV; or Identify who is the project manager
or provide a mechanism to appoint the project manager. In any event, the role
and powers (authority) of the "leader" or the "project manager" need to be
defined.
Type of Procurement
Joint Venture -
Successful Joint Ventures
1. Use long-term partners, with the resulting familiarity and awareness of
cultural/business issues.
2. Perform due diligence to ensure that joint venture members are solid on both
technical and business grounds.
3. Try a small project to start.
4. Use a comprehensive joint venture agreement.
5. Recognize management control issues - in effect recognizing the need to
release control but on appropriate terms.
6. Insist on transparency in provisions dealing with project leadership and
delegation of duties to project manager
Type of Procurement
42
Type of Procurement 8/3/2021
'PARTNERING' APPROACH
Partnering is not a procurement route.
Partnering is a concept that can be applied to many other procurement routes.
Partnering is a co-operative relationship between business partners formed in
order to improve performance in the delivery of projects.
Provides a framework for trust and the mutual desire of the parties to achieve a
common goal - a project that is low cost, high-quality and completed in a timely
manner.
Partnering is best considered as a set of collaborative processes.
Partnering is applied either in project situation known as project partnering or in
a long-term relationship known as strategic partnering.
In partnering approach, negotiation rather than competitive tendering is the key.
The risks that both parties face as a result of the project in question are made
transparent at commencement of the project, and partners to partnering
approach share those risks on the basis of which party can best bear those risks
and/or insure against those risks.
The essence of any partnering agreement now involves a duty of good faith,
mutual co-operation and trust between all parties involved in construction
process. Type of Procurement
'PARTNERING' APPROACH
Keys for Successful Partnering
Co-operation & Teamwork
Openness & Honesty
Trust & Honesty
Equity & Equality
Type of Procurement
43
Type of Procurement 8/3/2021
Type of Procurement
Type of Procurement
44
Type of Procurement 8/3/2021
Traditional Management
Design & build Other
method Oriented
Management PPP
Sequential Develop & Construct Contracting
Accelerated Package deal PFI
Construction
Management
Turnkey Term Contract
Design and
Manage Framework agreements
Serial Contracting
Continuation Contracts
Alliancing
JV
Partnering Approach
Type of Procurement
Thank You!!!
Any Question ?
Type of Procurement
45