1 QUANTITY SURVEY 2 TENDERING PROCEEDINGS 3 A: TYPES OF TENDERING PROCEDURES TENDERING AND AWARDING THE PROJECT. General Objectives One should be able to understand;1. The types of tender 2. The Tendering Procedure INTRODUCTION Tendering is the same as bidding whereby an individual or a single company or in joint submit their offers to perform certain proposed project. The bidding can be on works, goods or consultancy services. For the construction projects, when all necessary designs for the project have been finalized, the tender document prepared and fund for construction secured, the owner/employer/client calls for tenders. This is normally done through consultants. The aim of tendering process is to solicit a contractor who is capable of performing a sound structure such as building, road etc in a reasonable time, quality and costs so that the clients requirements are fulfilled. A) TYPES AND PROCEDURES OF TENDERING Various types of tendering are used after the scrutiny of advantages and disadvantages. Consultants will look on the nature of the proposed project and advise on which type of tendering is to be used for more to provide more advantages than when other method can be used on that particular project. The following are types and their associated procedures of tendering:- 1.Open tendering The tender is advertised and all eligible contractors or suppliers are allowed to tender. The work will be advertised in the recommended newspapers inviting eligible contractors to tender for the proposed project. 4 The purpose of advertisement is to create interest among considerable number of builders so as to ensure the benefits of keen competition. A small but adequate description of the works such as - Project type - Client / consultants - Location, - Size - Where to obtain tender - Deposit to obtain tender, normally non-refundable - Time for submission - Class required if any - Other important information Advantages of open Tendering i) Fair - It equal chance for any contractor to tender the job. Even a lower class contractor can get the can win the tender ii) Really competition is ensured. Only contractors with genuine interest in the work are likely to compete iii) Reasonable price – Due to competition, contractors may decide to lower their profit margins and hence lower the prices for job. iv) Few or no chances of favoritism in selection because criteria are known. v) The collusion between contractors whereby they agree to keep the prices high and allow one among them to to win in a particular tender is reduced 5 Disadvantages of open Tendering i) Costly – The cost of tender preparation is high due to the fact that it require many tender documents. Also there are costs for estimates and evaluation of tenders. ii) Time – It is time consuming from the tender preparation to Award. Contractors waste a lot of time tendering mostly without success and consultants spend more time evaluating the tenders iii) There are temptations to want to offer the tender to the lowest bidder which may not always be the correct choice. Lowest tender may not be realistic iv) Poor performers contractors may be awarded the tender v) Good contractors may refuse to tender with by hesitating Competition 2.Restricted tendering 2.1 Selective tendering Select just few contractors who their capabilities are known will be invited to tender. Selective tendering can be done either starting with prequalification or by short listing. Prequalification This is also publicly done through the press. Contractors are invited to submit their qualification documents such as:(i) Name and address of company (ii) Directors name (iii) List of recently similar job with consultant /client (iv) Banker’s statement / Bank accounts. (v) Equipment owned (vi) Technical staff 6 Contractors are given important information concerning the project such as nature of the job, size, location, consultants / clients, place to collect prequalification forms etc. Listing selective Tendering In particular situations for example, where there is limited time before the contract has to be awarded or only few contractors of the necessary ability exist in the area the consultant may draw up list of suitable contractors to be invited to tender. Advantages of Selective Tendering i) Competence – Usually only the competent contractors for the particular job are invited to tender and hence can be fair to accept the lowest tender. ii) Confidence in pricing – Contractors invited to tender realize that they are competent and usually price confidently thereby earning the necessary profit. This can help speed up the project and keep up the construction companies. iii) Lowers the cost of tendering iv) Lowers the time of Tendering v) Poor/incompetent contractor has no chance to tender Disadvantages of Selective Tendering i) Tender price always higher than in open tendering Competence ii) It may happen that other selected contractors are not interested but as a matter of maintaining the relationship, may decide to quote very high prices just to fill and submit documents provided. iii) There are chances of favoritism iv) There are chances of collusion 7 v) Some clients maintain a list of good or likely contractors for particular levels of the projects. This habit may reduce chances of new competent contractors joining the race 2.2 Negotiation tendering/Single tendering This happen when there are very few or one contractors with the required specialization. In single tendering, only one contractor may be called but making sure that he does not know that he is alone. There are two stages of negotiation namely; single stage and two stage negotiation Single stage negotiation This is when only one contractor is called upon for negotiation. Two stage negotiation A limited selective competition opens the first stage with the aim to reduce the field to one firm only or to a manageable number say 2 or 3. The bases of selection being: Leading measured rates or a general bases of pricing A construction programme or some other form of method statement A design offer Why negotiation The document may not be there on which to complete for example when the project is the first of its kind, difficult in nature The project early completion The contractor is required at design stage The contractor may have done a good job previously 8 Advantages of negotiation Tendering i) Usually the Contractor to undertake the project is brought into the picture right from the design stage and is able to make suggestions ii) The contractor may commence to order materials early as well as mobilize internally and thus speed up the implementation of the project iii) Low cost of tender documents preparation iv) The contractors selected is real capable Disadvantages of negotiation Tendering i) Since there is no competition in most cases, the project cost is likely to be high. 2.3 Serial tendering When a client has a large project which is being executed in phases each of which has repetitions of the first phase a series tendering may be used. The contractor are invited to tender under normal Bills of Quantities with the understanding that the successful contractor shall be awarded the other phases of the project at a later stages. Advantages of Serial Tendering i. Better alternatives on how to implement the project can be developed in execution of repetitive job such as material orders, handling methods at site ii. The other phases of the project tend to be executed well due to the experiences gained in the first phase iii. The contractor tender for the first phase, and the data be used for the remaining phase. 9 iv. Fair price since that the contractor may lower their profit margins with the expectation to do a big job v. Cheap because Preliminary items such as plants, water, electricity are already in the site. Disadvantages of Serial Tendering i) This may the disadvantage on the Contractor’s side if has priced lowly since that the client will always insist on using the earlier quoted rates even when they are not realistic. ii) The amount of works available for open tendering is reduced to be damped to the construction industry. B) TENDER DOCUMENTS The principal function of the tender document is to provide the expected contractors who are tendering with sufficient information about the works to enable them to tender competitively. Tender document consists of the following:1. Letter of Invitation having the name of the Employer, the title of the proposed project, where and when to get the information, deposits to get the document, the submission and tender validity in brief. 2. Instruction to Tenderers- These are detailed information of all the requirement of tendering procedure 3. Tender data sheet – The extension of Instructions to tender briefly explaining the important information to tenderers to be keen with during tendering. 10 4. Tender drawings -Site layout, plans, sections and details. Drawings assists the tenderer to know the extent of work being tendered so that the tenderer has sufficient information to prepare a reasonable proposal 5Specifications – These describe the nature, class and quality of materials, workmanship that must be used in the construction work. 6Form of tender stating the, name and address of a tenderer, the tender offer, proposed duration of work execution by a tenderer, tender validity period and date of submission. 7Bills of quantities and Schedule of rates – This is a list of items briefly described against which the quantities to be carried out are entered. Contractors are required to enter unit rates or prices against each item. 8.Conditions of contract General conditions of contract - This defines the term under which the contract will be carried out. There are obligations / right of each part to operate on the project. Special Conditions of contract – These include special conditions pertaining to the particular project 9 Other inclusion Tender Security Integrity 11 CONTENTS OF A BIDDING DOCUMENT SECTION I - INVITATION TO TENDER SECTION II - INSTRUCTIONS TO TENDERERS SECTION III - TENDER DATA SHEET SECTION IV - GENERAL CONDITIONS OF CONTRACT SECTION V - SPECIFIC CONDITION OF CONTRACT SECTION VI - TECHNICAL SPECIFICATIONS SECTION VII - LIST OF DRAWINGS (Drawings Bounded Separately) SECTION VII I - BILLS OF QUANTITIES: PRELIMINARIES PC AND PROVISIONAL SUMS MEASURED WORKS SECTION IX - TENDER FORM o FORM OF TENDER o FORM OFQUALIFICATION INFORMATION o LETTER OF ACCEPTANCE o FORM OF CONTRACT AGREEMENT SECTION X - TENDER SECURITY o TENDER SECURITY FORM OR TENDER SECURING DECLARATION o PERFORMANCE SECURITY FORM o BANK GUARANTEE FOR ADVANCE PAYMENT SECTION XI - INTERGRITY UNDERTAKING BY TENDERER ON ANTI-BRIBERY POLICY CODE OF CONDUCT AND COMPLIANCE PROGRAMME 12 13 C: TENDERING PROCEEDINGS Goods, Works or provision of Non Consultancy services 1.0 PREPARATION OF TENDER DOCUMENT A procurement management unit shall will coordinate the preparation of the Tender and invitation documents. Prior to the issue of the tender, will submit to theappropriate tender board a draft text of the invitation and thetender document for comments and approval. 2.0 ADVERTISEMENT TO TENDER After the Tender Documents have prepared, the advertisement begin normally through appropriate foreign or international publications, and national newspapers and appropriate technical/professional or trade journals. However, for small projects which are likely to interest local builders only may be advertised in local newspapers. The advertisement should reach the greatest number of competitive bidders within enough time to prepare and submit the tender. 3.0 INFORMATION TO BE GIVEN IN TENDER NOTICE The text of good advertisement should at least include the following information:(a) The name and address of the procuring entity; (b) The nature, quantity and place of delivery of thegoods to be supplied or the nature, quantity andlocation of the works to be effected or thenature of the services and the location wherethey are to be provided; (c) The desired or required time for the supply ofthe goods or for the completion of the works orfor the provision of the services; (d) A declaration, which shall not later be altered,that tenderers may participate in theprocurement proceedings regardless ofnationality or declaration that participation islimited on the basis of nationality; (e) The means or conditions of obtaining thesolicitation documents and the place fromwhich they may be obtained; 14 (f) Fees if any, to be charged by the procuringentity for the tender document; (g) The currency and means of payment for thesolicitation documents; (h) the 1anguage in which the solicitationdocuments are available (i) The physical address for the submission oftenders; (j) The deadline for the submission of tenders; (k) The physical address, hour and date for openingof tenders; and (l) The source of financing. (i) Reservation of right to reject the bid 4.0 ISSUE OF SOLICITATION DOCUMENTS The procuring entity shall, immediately afterthe publication of the tender notice, issue the solicitationdocuments to all tenderers who have responded to the tendernotice in accordance with the procedures and requirementsspecified in the invitation to tender. The solicitation documents may be sold in order to recover costs but the price shall be calculated to cover only those costs related to printing, copying and distribution and shall not include any element of profit. The price of solicitation documents shall be approved by the tender board prior to issue of tender notice. 4.1 Contents of solicitation documents The solicitation documents shall contain the following information: 1. The criteria and procedures relating to evaluation of the qualifications of tenderers and furtherdemonstration of qualification; 2. The requirements as to documentary evidence or other information that has to be submitted by a prospective tenderer to demonstrate his qualifications; 3. The nature and required technical and quality characteristics, of the goods, works or servicesto be procured, including, but not limited to, technical specifications, plans, drawings and designs as appropriate; 4. The criteria to be used by a procuring entity in determining a successful tender, including anymargin of preference and any criteria other than price to be used. 5. The terms and conditions of the procurementcontract, if they are known to the procuringentity, and the contract form, if any, to besigned by the parties; 15 6. In the case the alternatives to the characteristicof the goods, works, services, contractual termsand conditions or other requirements set out inthe solicitation documents are permitted, astatement to that effect, and a description of the 7. Manner in which alternative tenders are to beevaluated and compared; 8. In the case the tenderers are permitted to submittenders for only a portion of the goods, worksor services to be procured, a description of theportion or portions for which such tenders maybe submitted; 9. The manner in which the tender price is to beformulated and expressed, including a statementas to whether the price is to cover elementsother than the cost of the goods, works orservices such as an applicable transportationand insurance charges, customs duties andtaxes; 10. The currency or currencies in which the tenderprice is to be formulated and expressed;(j) the language in which tenders are to beprepared; 11. Any requirements of the procuring entity with respect to the issuer and the nature, form, amount and other principal terms and conditions of any tender security to be provided by tenderers, and any such requirements for any security for the performance of the procurement contract to be provided by the tenderers who enters into the procurement contract, including securities such as labour and materials bonds; 12. In the case the tenderers may not modify or withdraw its tender prior to the deadline for the submission of tenders without forfeiting its tender security, a statement to that effect; 13. The manner, place and deadline for the submission of tenders; 14. The means by which tenderers may seek clarification of the solicitation documents, and a statement as to whether or not the procuring 15. entity intends to convene a meeting of tenderers; 16. The period of time during which tenders shall be effective; 17. The place, date and time for the opening of tenders; 18. The procedures to be followed for opening and examining tenders; 19. The currency that will be used for the purpose of evaluating and comparing tenders and in the case of foreign currency an exchange rate that will be used for the conversion of tenders into that currency or a statement that the rate published by a specified financial institution prevailing on a specified date will be used; 20. The name, functional title and address of an officer or employee of a procuring entity who is authorized to communicate directly with and to receive communications directly from tenderers in connection with the procurement; 21. Any commitments to be made by a tenderer outside of the procurement contract, such as commitments relating to counter trade or to the transfer of technology; 22. Notice of the right for review of an unlawful act, decision of, or procedure followed by, the procuring entity in relation to the procurement proceedings; 16 23. In the case a procuring entity reserves the right to reject all tenders, statement to that effect; 24. Any formalities required where a tender is accepted for a procurement contract to enter into force, including, where applicable, the execution of a written procurement contract, approval by a higher authority or the public authority and the estimated period of time following the dispatch of the notice of acceptance that requires the approval; 25. Any other requirements established by a procuring entity in conformity with the Act and the regulations relating to the preparation and submission of tenders and to other aspects of the procurement proceedings. 5.0 TENDER PERIOD 1. The time allowed for preparation of tenders shall depend on the magnitude and complexity of the intended procurement. 2. The tender period shall be approved by the tender board and shall be prescribed in the invitation to tender or in the notification of qualification. 3. Once the tender period is prescribed and advertised, such period shall not be altered. 4. Notwithstanding sub-regulation (3), the tender period may be altered, upon the approval of a tender board, only by extending such period if the alteration is intended to foster fair competition amongst tenderers, fairness in the treatment of potential tenderers and enhancing the economy of the procuring entity. 5. Any extension of the tender period shall be done reasonably in advance of the closing date and promptly communicated to all who have collected the tender documents. 6.0 PRE –BID MEETING 1. A procuring entity shall conduct a pre-bid meeting where it is necessary to provide specific project information, to explain any unusual aspects of the project and to address any question of a potential tenderer. 2. Where a procuring entity convenes a pre-bid meeting or any meeting of tenderers, it shall prepare minutes of the meeting containing the requests submitted at the meeting for clarification of the solicitation documents, and its responses to the requests, without identifying the source of the requests. 3. The procuring entity shall, within three working days from the date of a prebid meeting, submit to each tenderer to whom the solicitation documents are provided, theminutes of the meeting. 17 7.0 TENDER SUBMISSION A procuring entity shall prescribe a way, place and a specific date and time for the submission of tenders.Only tenders received within the time limitprescribed in the invitation to tender shall be eligible forconsideration. 8.0 OPENING OF TENDER (OPEN TENDER CEREMONY) Some Tenders are opened at public meeting particularly for large International renders. For small local Tenders the Employer may arrange to open the tenders publicly in his offices at a particular fixed time. Contractors who tendered and the Consultant are invited. Tenders are opened one at a time and their tender figure read out and recorded. Some information including shall be announced in the meeting such as Prices, attachments etc. Secretary of TB will take minutes of the Tender Opening meeting 9.0 EXAMINATION AND REPORTING THE TENDER 9.1 Appointment of Evaluation committee After the opening of tenders, the Employer appoints an evaluation committee to examine the submitted tender documents and come up with recommendations of a suitable tenderer to be awarded a job. This committee should have an expert or person qualified in the subject matter of the particular procurement. The committee will comprise not less than three and not more than five members. They members can be internal or external or mixture. The evaluation team is not a permanent team but depends on the nature of the project. The principles of evaluation should adhere to the tender evaluation guideline provided by the appropriate authority. 18 9.2 Disclosure of criteria To ensure fairness to all tenderers, the evaluation of tenders must be consistent with the terms and conditions set forth in the tender documents. The use of criteria other than those specified in the tendering documents is strictly prohibited. 9.3 Preliminary examination of tenders The purpose of preliminary examination is to identify and reject tenders that are incomplete, invalid, or substantially non-responsive to the tendering documents and therefore, are not to be considered further. Preliminary examination: is carried out to determine whether or not each tender is substantially responsive to the requirements of the tender documents; Eliminates bids from further consideration if they do not meet the minimum standards of acceptability as set out in the bidding documents Aspects examined are such as:- i) Eligibility– Legal operations of a particular business. For example, the tenderer must be a national or a juridical entity from an eligible source country. Bidder is from an eligible source country as defined in the ITB; All partner to a joint venture shall be from an eligible source country; All goods and services shall originate from eligible source countries; If pre-qualification has taken place, only bids from prequalified bidders can be considered; Any other eligibility criteria stipulated in the ITB; 19 ii) Verification - Attention should be directed towards deficiencies that, if accepted, would provide unfair advantages to the tenderer. Whether bid documents have been properly signed or not; Whether power of attorney for the authorized person has been submitted or not; Whether joint venture agreements, if required, are submitted or not; Whether documents, required to assess the post qualification of a bidder with respect to its financial and technical capability to undertake the contract, have been provided or not. ii) Manufacturer Authorization from the supplier has been provided if required Completeness of tender – Such as:- Partial bids are not permitted unless the bidding documents specified; Erasures, interlineations, additions or other changes, they should be initialed by the authorized representative of the bidder; Missing pages in the original copy of the bid may be cause for rejection of the bid, as may contractions in model numbers or other designations of critical supply items ; However, under works contracts, missing prices for occasional work items are considered to be included in prices closely related items elsewhere; iv) Tender security – If required, it must conform to the requirements of the Instruction to Tenderers, and it must accompany the tender. 20 Bid security or bid securing declaration if requested in bidding documents; Check consistent with the wording of the bid security or bid securing declaration form provided in the bidding documents; Submission of a copy of security or submission of a counter guarantee naming PE’s bank instead of the PE is unacceptable; Securities for an amount smaller or for a period shorter than the one specified in the ITB are not acceptable ; The security for a bid submitted by JV should be in the names of all of the partners of the JV 9.4.Detailed examination of tenders The Detailed evaluation is divided into two stages-, Only those tenders surviving preliminary examination need to be examined in this phase. i) ii) 9.4.1 Technical evaluation and Financial Evaluation Technical Evaluation i) Key Personnel The required key personnel will depend on the nature of the project. The academic qualifications and experience of individuals expected to be deployed in the project will be evaluated ii) Required plants for the works Required plants, and equipment will depend on the nature of the project. Availability of plants and equipment of each bidder will be evaluated iii) Similar Projects Firms will be evaluated if they have previously undertaken such kind of projects. This will ensure the client on the experience of the firm to perform the project. 21 iv) Work Programme The delivery programme of works or goods will be evaluated if they conform to the client’s requirements v) Others as may be given in the Instructions to tenderers and Tender data sheet. 9.4.2Financial Evaluation 9.4.2.1 Preparation for Financial evaluation Correction of errors Correction for Errors; computational errors must be corrected in accordance with the relevant provision in the instructions to bidders (ITB) – R 207(2). Conversion to Single Currency; bids corrected for computational errors and adjusted for discounts should be converted to a common currency in accordance with the relevant provision in the ITB. 9.4.2.2 Financial Aspects for evaluation can be on the following issues: i) Pricing method – front loading – give high price in the items which first to be corrected out. iv) Credit facilities v) Financial capability x) Others as may be given in the Instructions to tenderers and Tender data sheet. 9.5 Award recommendations & Report submission After the evaluation have examined all tenders according to criteria as provided in the Tender documents, the evaluation team will give recommendation on who is suitable bidder. The evaluation team may also find that there is no one suitable for the particular project and will recommend so. 22 The Procurement Management Unit must submit the completed tender evaluation report containing the required summary to the appropriate tender board as soon as possible for award. e) Post-qualification The bidder whose bid is lowest evaluated should be subjected to post-qualification. If the lowest evaluated bidder fails post-qualification, its bid should be rejected and the next ranked bidder should then be subject to post-qualification examination. If successful, this bidder should be awarded the contract. Post-qualification [Due Diligence]: verify, validate, and ascertain statements made and documents submitted with lowest evaluated bidder, using non-discretionary criteria stated in the: Documents establishing eligibility and qualification of the bidder [See ITB Clause] Qualification Information Form [SBDs] Generally, these criteria should consider, but shall not be limited not to: Legal Requirements: to verify, validate and ascertain licenses and agreements submitted by the bidder; Technical Requirements: experience and past performance on similar assignments, capabilities with respect to personnel, equipment and construction or manufacturing facilities; Financial Requirements: financial capability to perform the contract; Current commitments: assessment of works/contract in progress if they much with the bidder resources [value of outstanding works/contract, estimated completion, physical progress and average monthly invoicing over last six months] 23 Litigation records: bidder with a consistent and significant history of excessive contract arbitrations and litigation resulting in wards or decisions against them should not be qualified for award BUT Compliance with health and safety laws, tax and employment laws where applicable; Knowledge of local working conditions; A procuring entity may seek independent references of a tenderer and the results of reference checks may be used in determining award of contract. In case of a foreign company, a procuring entity shall seek independent reference of legal existence of a tenderer from Tanzania diplomatic missions abroad or from any other reliable source. The criteria for post-qualification shall be limited to that which is necessary for performance of the intended contract and shall not be unduly restrictive. Where the lowest or highest evaluated tenderer does not meet the post qualification criteria: (a) The tender shall be rejected; and (b) A post-qualification shall be conducted to the next lowest or highest evaluated tenderer. The procurement management unit shall obtain approval from the tender board prior to rejecting any tender or undertaking an additional postqualification on any other tenderer. e) Negotiations (1) After Post-qualification Negotiations may be undertaken with the lowest evaluated tenderer relating to A minor alteration to the technical details of the statement of requirements; Reduction of quantities for budgetary reasons, where the reduction is in excess of any provided for in the 24 solicitation documents;A minor amendment to the special conditions of contract;Finalizing payment arrangements;Mobilization arrangements;Agreeing final delivery or work schedule to accommodate any changes required by the procuring entity;The methodology or staffing; orClarifying details that were not apparent or could not be finalized at the time of bidding. f) Approval of award of contract (1) Tender board shall, approve the recommendations of the evaluation team and inform the accounting officer of its award decision. Upon receipt of the notification of award decisionfrom the tender board, the accounting officer shall, havingsatisfied himself that proper procedures have been followedand within three days, issue a notice of intention to award thecontract to all tenderers who participated in the tender inquestion giving them fourteen days within which to submit acomplaint, if any. Where no complaint is lodged pursuant to sub-regulation (2), the accounting officer shall issue a notice of acceptance to the successful tenderer after all necessary approvals within and outside the country are obtained. Award of contract The award shall be made within the period oftender validity to the tenderer whose tender has beendetermined to be the lowest evaluated or the highestevaluated, as the case may be, and meets the requiredfinancial and managerial capability, legal capacity, experienceand resources to carry out the contract effectively. Where a tender is accepted by the accountingofficer, the procuring entity and the person whose tender isaccepted shall enter into a formal contract 25 for supply ofgoods, provision of services or undertaking of works after fulfilling all conditions priorto the signing of contract.A formal contract shall be in a prescribed formand shall contain terms, conditions and provisions set out inthe tender document. Where a successful tenderer fails to sign a writtencontract as required or to provide any required security forthe performance of the contract, the procuring entity shall, onthe recommendation of the tender board, select a competitivetender from among the remaining tenders that are in force. NDDOT Construction Conference 2011 East Conference: March 2 and 3, 2011 West Conference: March 7 and 8, 2011