Professional Documents
Culture Documents
Strategic Construction
Procurement
Week 5
Contract Payment Options and
Tendering Process
Dr Xin Hu
Level 4 - John Hay Building
Deakin University, Geelong
Tel: +61 3 522 78304
E-mail: xin.hu@deakin.edu.au
Teaching Team
Week Commencing Class Topic Delivered by Bb Collaborate Sessions Assignments Due Dates
1 9 March Introduction to the unit and overview of Nilupa
construction procurement
2 16 March Procurement Methods – Part A Xin Session 1 - Thursday, 19
March 2020 at 6.30pm
3 23 March Procurement Methods – Part B Xin
4 30 March Procurement Methods – Part C Xin A1 (Individual) – Strategic
Procurement Report (20%)
5 6 April Contract Payment Options and Tendering Xin Session 2 - Thursday, 9
Process April 2020 at 6.30pm
6 20 April Subcontracting Practices and Construction Nilupa
Contract Risk
– A statement of objectives
– A summary and analysis of project objectives, requirements, characteristics, risks,
client capabilities etc.
– Analysis and recommendation of procurement/delivery routes: Procurement
Traditional route
Design and construct route
method
Management routes determines
Collaborative routes such as partnering who carries
Integrated routes such as PPP what risks…..
– Analysis and recommendation of contract pricing options:
Lump-sum contracts
Measurement contracts
Reimbursement contracts
– Analysis and recommendation of tendering methods:
Open tendering
Selective tendering
Etc…
– Procurement approaches
– Analysis and recommendation of form of contract and contract administration
Forms of contracts
Contract administration arrangement
Contract pricing
options
Contract pricing options
Price-based contracts
a) Lump sum contract
b) Re-measurement contract
Cost-based contracts (Cost plus contracts)
a) Cost plus fixed fee contract
b) Cost plus percentage fee contract
c) Cost plus variable fee contract
Alliancing pricing model
PPP pricing models
Contract pricing options
Introduction
Price-based contracts
a) Lump sum contract
b) Re-measurement contract
Cost-based contracts (Cost plus contracts)
a) Cost plus fixed fee contract
b) Cost plus percentage fee contract
c) Cost plus variable fee contract
Alliancing pricing model
PPP pricing models
Contract pricing options
Price based contacts
a) Lump sum contract
Lump sum contract (also called “fixed price contract”) is the most
basic form of agreement between the owner and the contractor;
Contractor determines contract price based on the drawings and
specifications prepared by the designer (poor details and
specifications can lead to disputes) – the contractors undertake to be
responsible for executing the complete contract work for a stated
total sum of money;
The contactor undertakes a defined amount of work in return for an
agreed sum;
Payments made to the contractor are usually assessed on the basis
of percentage of work completed on a monthly basis;
Contract pricing options
Price based contacts
a) Lump sum contract
The client transfers most of the risks to the contractor (cost certainty
of the client; the construction methods, techniques, sequences, and
procedures are the contractor’s responsibility);
The contractor can be expected to ask for a higher markup in order
to take care of unforeseen contingencies;
If the actual cost of the project is under-estimated, it will reduce the
contractor’s profit;
Any modifications to scope and design will give rise to a cost change;
Both main contractors and subcontractor contracts can be let on
lump-sum basis;
Contract pricing options
Price based contacts
There may be provisions in the contracts to adjust the rates for changes
(e.g., as per FIDIC Conditions of Contract, sub-clause 12.3, if the actual
measured quantities of the items vary more than 10% from the quantity
of bill of quantities, then a new rate shall be used for the items);
The owner takes the risk of changes in the quantities originally estimated;
The final cost is not known until the completion of the project;
Additional staff will be required to take measurement of the work done;
Changes in contract can be made easily as the contractor will be paid
based on actual done on site;
The cost of tender is actually reduced as the bidders do not need to set
up their own bill of quantities;
Contract pricing options
Price based contacts
Price-based contracts
a) Lump sum contract
b) Re-measurement contract
Cost-based contracts (Cost plus contracts)
a) Cost plus fixed fee contract
b) Cost plus percentage fee contract
c) Cost plus variable fee contract
Alliancing pricing model
PPP pricing models
Contract pricing options
Cost-based contacts
Cost plus contract
Contractor’s cost risk is low while client’s cost risk is high (the client
is responsible for payment of any costs resulting from unforeseen
conditions);
The contractor will receive the actual direct job cost plus a fixed
fee;
The contractor will have some incentives to complete job quickly
since its fee is fixed regardless of the duration of the project;
The owner takes the risk of direct job cost overrun;
The contractor may risk loss of profit if the project is delayed
beyond the expected completion time;
Contract pricing options
Cost-based contacts
The contractor will receive the actual direct job cost plus a fixed
percentage of the construction cost;
The contractor will have little incentive to reduce job cost;
The owner takes all risks of cost overrun;
If there are pressing need to complete the project, overtime
payments to workers are common and will further increase the job
cost;
This method can be used to reduce the time it takes to procure a
contractor (mainly used for urgency projects);
Contract pricing options
Cost-based contacts
Price-based contracts
a) Lump sum contract
b) Re-measurement contract
Cost-based contracts (Cost plus contracts)
a) Cost plus fixed fee contract
b) Cost plus percentage fee contract
c) Cost plus variable fee contract
Alliancing pricing model
PPP pricing models
Contract pricing options
Alliancing pricing model
NOP - Non-owner participants
Three elements in an alliancing contract:
Price-based contracts
a) Lump sum contract
b) Re-measurement contract
Cost-based contracts (Cost plus contracts)
a) Cost plus fixed fee contract
b) Cost plus percentage fee contract
c) Cost plus variable fee contract
Alliancing pricing model
PPP pricing models
Contract pricing options
PPP pricing models
1. Unitary charge (or Availability-based payments)
The public sector client makes regular payments called “unitary charge” to the
special purpose vehicle;
These payments may be fixed or variable (based on level of use - e.g. shadow
toll);
Government provides the private developer with the payments that are
contingent on their performance. If a service is not provided on time or is not
of agreed quality or quantity, service payments to the private sector party
may be reduced. The essence of the PPP approach is that government is
buying services with an agreed quality, quantity, cost and timeframe;
The private sector uses the unitary charge to:
Finance the operation of that infrastructure to a performance level agreed
with the client;
Finance the construction of new infrastructure;
Earn a profit;
Contract pricing options
PPP pricing models
2. User payments
Tendering methods;
Tendering process;
Tendering: An introduction
Obligations – Tenderer
Abuse of competition
Tendering methods;
Tendering process;
Tendering methods
Negotiated
Tendering
processes
Open
Competitive Selected
Selective
Tendering methods
Negotiation
Competitive
Open tendering:
The client invites tenders by using public advertisement without
restriction on the number of tenders received;
Simple projects – low risk and low cost;
Tendering methods
Selected tendering
Two-stage tendering:
Stage 1:
Prequalified prospective contractors are invited to tender;
The pre-qualified tenderers develop design proposals typically up
to scheme design stage, with possible documentation;
Client identifies preferred tenderer by reviewing tenders. Then a
pre-construction service agreement is executed which defines the
contractor’s advice input;
Then the appointed contractor completes the design;
Stage 2:
Negotiation of price with the winning tenderer from the first stage;
Tendering: An introduction;
Tendering methods;
Tendering process;
Tendering process
PHASE 1: PHASE 3:
PHASE 2: TENDERING
TENDER PREPARATION TENDER EVALUATION
Selection processes
Site visit
Material handling equipment
Site location and condition;
requirements;
Surrounding area;
Permit requirements;
Existing building or facility;
Working time restrictions;
Access to site;
Site investigation programs;
Availability of lay-down
Hazardous material;
area, facilities;
Location of other works;
Location of disposal area etc.;
Tendering process
Phase 2: Tendering
1. Matrix method;
2. Ratio method;
3. Adjusted comparative price method;
Tendering process
Phase 3: Tender evaluation
1. Matrix method
Tendering process
Phase 3: Tender evaluation
1. Matrix method
Step 1: Identifying
and determining the
criteria used for
tender evaluation;
Tendering process
Phase 3: Tender evaluation
1. Matrix method
1. Matrix method
1. Matrix method
1. Matrix method
1. Matrix method
2. Ratio Method
Tendering process
Phase 3: Tender evaluation
2. Ratio Method
Step 1: Identifying
and determining the
non-price criteria
used for tender
evaluation;
Step 2: Give a
The sum of all
weight to each non-
weights should be
price criterion based 100% (or 1);
on their importance;
Tendering process
Phase 3: Tender evaluation
2. Ratio Method
2. Ratio Method
Formula:
Value Added Ratio (VAR) = lowest tendered price / price of bid under consideration
Final score = VAR ×Total weighted score
2. Ratio Method
Example – company A:
Value Added Ratio (VAR) = 19/20 = 0.95
Final score = 0.95×7.3 = 6.9
Tendering process
Phase 3: Tender evaluation
3. Adjusted
comparative price
method
The fist 5 steps is same as the first 5 steps in the “Ratio Method” – the aim is
to get the “Total weighted score (non-price criteria)” for each tenderer;
Tendering process
Phase 3: Tender evaluation
3. Adjusted
comparative
price
method
3. Adjusted
comparative
price
method
3. Adjusted
comparative
price
method
3. Adjusted
comparative
price
method
Step 9: Calculate “Adjust comparative price (ACP)”, compare and make the decision -
The lowest ACP is the preferred tenderer;
Formula: Adjust comparative price (ACP) = “a×Tender price” + “b×Tender
price×Non-price index”
Example: a = 60% (the importance of price criterion); b=40% (the importance of non-price criteria);
For company A: Adjust comparative price (ACP) = “a×Tender price” + “b×Tender price×Non-price
index” = 12 + 8 = 20
Tendering process
Negotiations
– If no acceptable tender, negotiate with the most acceptable;
Please note that the above is not an exhaustive list. Refer to reading resources uploaded on
CloudDeakin for further possible contents of tender evaluation reports.
Tendering process
Risk:
Risk Source Likely Results Strategies
Walker, D and Hampson, K., Procurement Strategies: A Relationship-based Approach, ed., (2008)., 1st
ed., Wiley-Blackwell
Uher, T.E. and Davenport, P. (2009), Fundamentals of Building Contract Management, 2nd ed., Sydney:
UNSW Press
Hackett, M., Robinson, I. & Statham, G. (2007), The Aqua Group Guide to Procurement, Tendering and
Contract Administration, Blackwell Publ.
Morledge. R. and Smith, A. (2013) Building Procurement, 2nd ed., Oxford: Wiley-Blackwell
Ashworth, A., (2008) Pre-contract Studies: Development economies, tendering and estimating, Oxford:
Blackwell.
Ashworth, A., Hogg, K. and Higgs, K. (2013). Willis’s Practice and Procedure for the Quantity surveyor,
13th ed., Chichester: John Wiley & Sons.
Turner, J.R. and Simister, S.J. (2001). Project contract management and a theory of organization,
International Journal of Project Management, 19(8), 457-64.
Any question?