Bidding and Procurement: National University - Construction Management
Bidding and Procurement: National University - Construction Management
Bidding and Procurement: National University - Construction Management
I. INTRODUCTION
V. BIDDING INFORMATION
Invitation to Bidders
Instruction to Bidders
Bid Forms
Alternates
Addenda
Agreement
General Conditions
Special Conditions
VI. BONDS
VII. INSURANCE
Drawings
Specifications
X. AWARD OF CONTRACT
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If the project has a high publicity quotient or benefits the community the
company may view it as a marketing strategy. In these cases, long term goals
concerning client relationships or community recognition outweigh the short-term
goal of profits.
Once a company decides to bid on a project no matter what its motivation,
it enters into a process common to all construction companies. Estimators solicit
prices from a number of subcontractors. The subcontractors do material takeoffs
from drawings and specifications that result in the quantities required on the job .
These quantities are then multiplied by the unit cost, and the unit cost is
established by talking with the vendors and suppliers.
For example: determining the board-foot price of lumber or a cost for a fan
coil unit. This total cost is the cost for material. A similar exercise is done for
labor and equipment.
The total of the costs of material plus equipment is the direct cost of the
work. The estimator then must add administrative costs for running the job at the
job site. These are the field indirect costs of the work. Overhead is what it
costs of the company to run its business and a portion is factored into each
project.
Finally, the company determines how much profit is reasonable for the job.
This is done by : analyzing the market, the motivations for doing the work, and
how busy the company is at the time of the bid.
Final price then combines actual estimates for the cost of the work
coupled with an analysis of the competition .
Direct Cost + Indirect Cost = Cost of the work
Cost of the work + % for overhead and profit = Total cost of the owner
V. BIDDING INFORMATION - The bid documents are sent out with the
drawings and specifications and are often bound in the specification book. They
do not, however, form a part of the contract. Therefore, if legal provisions are
stated here, they need to be repeated in the contract documents. This section of
the documents contains the invitation to bid, the instruction to bidder, and the bid
from itself.
Invitation to Bidders - it is a request for pricing. The owner usually
prepares it with the assistance of the designer or construction manager.
Although not officially part of the specifications, it includes information that is
relevant to the project:
The type of project – different types of project attract different
contractors. For example: a road project may be attracted to a highway
contractor but probably not to a contractor who specializes in industrial
plants.
The size of the project – small contractors can only handle a
certain workload and large contractors might find it unprofitable to bid on
a project under a specific size.
The location of the project – many contractors are local or regional
in their ability to staff a job. If the staff has to travel any distance, there
will be additional costs.
Bid due date – this helps the contractor staff the bid correctly so that
all prices can be gathered in the allotted time
Start and completion of dates – contractors use these to gauge
whether or not the applicable staff is available for the duration. This
could affect their price if they have to get labor from a distance.
Bonds – if these required, the owner needs to let the contractor know.
Some will elect not to bid with requirement.
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Bid Forms - The bid form is the document upon which the bidder submits
the prices. The form is usually prepared by the designer, with blanks left to
be filled out by the bidder. This makes the bids more easily comparable.
Items include some or all of the following:
Name of contractor
Price breakdown for the major trades, which can guide progress
payments and assist the review of the bid’s accuracy
Amount of the bond
Alternates: that is, the prices of other materials or altered scope of work
Fees for additional work so the owner can set parameters for any fees
allowed within changes orders
Unit prices if quantities are unclear and cannot be figured accurately until
construction: for example, the excavation of rock. Which can be priced by
the cubic yard: or asbestos removal. Which may require a prices for items
encountered once walls are opened up, such as elbow wraps, duct
penetrations, and gaskets
Time required for the job so the contractor can decide the most efficient
way to do the work and set his or her bid accordingly
Space for the contractor to acknowledge receipt of all addenda issued
after the bids have gone out
Key subcontractor
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Addenda - After the documents are issued but before the bids are due,
changes often need to be made. The most common reason is the need to
correct simple mistakes in the bidding documents. Contractors dig deeply
into the documents and can spot things missed by the drafter or specification
writer.
Often the contractor may propose a better method or product to fit the
character of the project. Also, the owner is often making a final review of
the document during the bid period. This may generate additional
requests that need to be included in the bid documents. Sometimes
addenda simply complete documents that had to get on the street
before totally complete. There may also be additional general
instructions or a change in the bid date.
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7. Interest rates - If the contractor is not paid within a specified time (usually
thirty or forty-five days), agreed-upon interest rates will be charged to the
owner.
8. Retainage - A percentage of the work in place is retained by the owner as
protection against work that is not done correctly or sufficiently. It ensures
that the contractor will finished the project particularly as the project nears
completion. Typical retainage is completed or can be eliminated entirely at
this point. Retained monies released at the time of substantial completion.
9. Final payment - This is a significant event for the owner and the
contractor. The owner is essentially waiving all claims against the
contractor and proclaiming satisfaction with the job. The contactor, by
accepting final payment, is waiving all claims against the owner except
those enumerated in writing as outstanding.
10. Enumeration of contract drawing - The list constitutes the entire
agreement between owner and contractor. It includes the agreement
conditions of the contract, drawings specifications, and any addenda and
accepted alternates.
General Conditions - The purpose is to establish the legal
responsibilities, obligations, authority, rights of all parties involves in the
project. As their name implies, these conditions are general in nature and
apply any construction project. Although the owner can devise his or her own
general conditions, most prefer to use a standard version- often called the
boilerplate. This version is understood by all parties, includes tested
language that has stood up over time, and has been revised as needed.
Special Conditions - These are sometimes called supplementary
conditions or special provisions of the contract. They are intended to
supplement the general conditions requirements such as provisions for
prevailing wages and additional insurance requirements. Sometimes owner
requirements on the job such as parking use of toilet facilities and working in
occupied spaces appear in supplementary conditions. However, because
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these are not contractual in nature they are properly part of general
conditions.
VI. BONDS - If the contractor fails to perform in accordance with the contract,
a bond will protect the owner. Sometimes an owner requires a bond from the
contractor. The owner will pay for this bond but wants to know before entering
into an agreement the amount of money required. If a contractor has an
agreement with the owner to perform a certain scope of work for a specific price
and doesn’t complete or find someone to complete the work. However, the
bonding company is responsible only up to the amount of the contract.
There are types of bonds commonly required in construction:
1. Bid bonds - These are furnished with the bids and basically guarantee that
the contractor will enter into a contract with the owner for the price of the bid.
If the contractor withdraw, he or she agree to pay a percentage of the bid
cost as stipulated in the bid documents-usually 5 to 10 percent of the bid
itself. The purpose of the bid bond is to ensure that a bidder doesn’t withdraw
his or her bid after becoming the successful candidate. If the bidder does
withdraw, the owner will be compensated for the time it costs to get another
bidder. Bid bonds are returned to all bidders upon acceptance of the lowest
bid and to the lowest bidder after the contract is signed.
2. Performance bonds - These guarantee that a contract will perform the
contract in accordance with the terms of the agreement. If the contractor
goes bankrupt or otherwise cannot complete the work, the bonding company
becomes liable for it. However, liability is only for the cost of the contract and
does not cover all delays and indirect costs that usually result when a
contractor pulls out in the middle of a job.
3. Payment bond - Also called labor and material bonds, these assure the
contractor will pay all bills, thus leaving the owner unharmed by claims and
liens. When a contractor goes bankrupt, he or she usually leaves unpaid
bills. The owner does not want to be left responsible, particularly for bills for
material, labor, and equipment that the defaulting contractor has already
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invoiced and been paid for. The payment bond is usually purchased at the
same time as the performance bond from the same company and will cover
the cost of unpaid bills in a default situation.
VII. INSURANCE - There are many forms of insurance that a contractor can
purchase to protect against risks during a construction project.
Three are obligated by contract and law for the life of the project:
Worker’s compensation is state law that compensates employees who are
injured on the job. This insurance covers disability and medical treatments for
injuries resulting from accidents that occur during employment. Usually
workers are eligible after a specific number of lost workdays and are
compensated at percentages of their salaries. If an injury is permanent, they
may be paid a fixed sum. Premiums for this coverage are based on payroll.
Comprehensive liability protects the contractor against third-party claims. It
covers injury to non-workers at the site, damages caused by construction
vehicles, damage occurring after completion but as a direct result of the
contractor’s work, damage caused by subcontractors, and sometimes injury
to workers beyond and distinct from worker’s compensation claims.
builder’s risk protects against property damage during construction. It
covers losses resulting from fire, smoke, water, explosions, vandalism, and
theft. The general contractor can obtain this insurance, but the owner may
elect to carry it. If so, the contractor should examine the policy to make sure
he or she is covered sufficiently. For instance, the contractor should
determine the amount of deductible provided for within the policy (generally a
large value) and understand who pays the deductible’s value in the event of a
loss.
Umbrella liability is a fourth type of insurance often carried by the contractor
is. This works as excess coverage for the other three in case of catastrophic
incidents and also boosts the coverage on all.
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Types of Specifications
1. Design specification. - These are also known as descriptive
specifications. They are detailed descriptions of materials, workmanship,
and installation and erection procedures. The contractor’s obligation is to
follow the instructions as laid out in the specifications. The owner takes
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responsibility for the results. This puts a huge burden on the designer to
understand and specify how the building is put together and can lead to a
good product as long as the system being described is a proven assembly.
2. Performance specifications. - These lay out the expected result of the
work leave the methods to the contractor performance maybe expressed in
a number of ways, depending on the item for example in terms of
operational capacity, functional qualities, appearance, finished, color,
texture, structural tolerance, mechanical parameters, and so on.
Performance specification gives an incentive to the contractor to devise
innovative approaches to work. If these are identified before the bid, he or
she is in a better position to win the project. If they are identified after the
bid, it could mean an increased profit margin. Either way, as long as the
owner gets the desired result, and the project is successful.
3. Proprietary specifications. - These state exactly the product of methods to
be used. Sometimes they may allow for some specific alternate or have an"
equal” clause. The propose is to ensure that the owner gets a preferred
products or method, in large facilities it is often important to maintained a
specific valve or type of ceiling tile so that maintenance is easier.
4. Open specifications. - These are nonrestrictive and allow many different
choices with in set criteria. A number of different manufacturer may be listed,
giving contractor great lee-way in getting the best price.
IX. ANALYSIS OF BIDS - Once all the bids have been received, the
construction manager tabulates them in a spreadsheet. A bid which does not
comply with the conditions or requirements of the bid documents shall be
rejected by the Committee of Awards. At the time of the opening of bids there
shall be at least two (2) competing bidders. In case there is only one bidder, the
bid shall be returned unopened and the projects shall be advertised anew for
bidding. Should after rebidding, there shall be still only one bidder, the project
maybe undertaken by administration or thru negotiated contract.
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If the bidders provide pricing that is outside the plans and specifications, the
project team needs to decide how to handle this. Generally, the following
guidelines are used:
If the bidder, who is low, even without alternate, suggests an equal to or
better alternate that makes him or her even lower, the owner has the option
of accepting this bid.
If the bidder who is not low provides unequal but acceptable alternate that
then makes him or her low, the owner has the option of giving the other
bidders in contention the opportunity to bid his alternate as well.
If the bidder who is not low and wont ever be low suggests an acceptable
alternate, the owner has the option of having the low bidder price this
alternate.
If the bidder who is not low provides unequal but acceptable alternate that
then makes him or her low, the owner has the option of giving the other
bidders in contention the opportunity to bid his alternate as well.
If the bidder who is not low and wont ever be low suggests an acceptable
alternate, the owner has the option of having the low bidder price this
alternate.
X. AWARD OF CONTRACT
Award of the contractor can be as simple as accepting the lowest bidder, and
in the end it often is this simple. However, many factors come into play when
bids are received.
The apparent low bidder can turn out not to be the lowest after the de-
scoping session takes place. The low bidder may be too far from the other
bidders, raising the suspicion that he or she has missed something
By law the bidder is required to honor the price, no matter what; but nobody
wants a contractor on the job who is not going to do well.
Bids often come in with information missing: for example, receipt and
acknowledgement of addenda, signatures, exclusions that mean they
haven’t; addressed all conditions.
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In all cases, the owner has the right to reject or accept the bids. Minor
clerical, errors are usually okayed for correction: but in general, if a bidder
has not met the requirement of the bid, the bid will be rejected
Once the bid is accepted, contract negotiations begin. Since the contractor
has already had opportunity to review the contract, this is normally a
straightforward process.
However, even the simplest negotiations can take time. If the owner wants to
save time, he or she might opt to send the contractor a letter of intent.
This usually states a specific time periods, method of payment and conditions
of termination if the negotiations fall through.
The contractor can start mobilizing for the job but should not commit anything
outside the scope of the letter of intent. Once the owner and the contractor
sign the contract the construction phase begins.
NOTE:
A “NOTICE OF PROCEED” is given to the winning contractor after the
“NOTICE OF AWARD” when the agency is ready to start the project.