January 1996 - Plater Claiborne

1 NJCCJ anuary1996 Code of Procedure forSingleStageSelectiveTenderingNational Joint Consultative Committeefor Building incollaborationwith:The ScottishJointConsultative Committee and The JointConsultativeCommittee for Building,Northern Ireland NJCCP ublicationsCODESOFPROCEDURES ingleStageSelectiveTendering( 1996 )Two StageSelectiveTendering( 1996 )SelectiveTe nderingforDesign andBuild(1995)Lettingand Management of DomesticSub-contractWorks (1989) Selection of a Management Contractor and Works Contractors (1991)GUIDANCE NOTES 1 JointVentureTenderingfor4 Pre-TenderMeetings(1988)8 Construction Management: Contractsin the United Kingdom ( 1996 )5 ReproductionofDrawingsforConstructionMan ager and TradeSelection and AppointmentofTenderPurposes ( 1996 ) Contractors(1994)2 PerformanceBonds(1995)(3) (FireOfficersRecommendations) and SelectLists and forTender6 Collateral Warranties (1992)9 Chargesfor Admission to ApprovedWithdrawnAugust19937 Alternative Dispute Resolution Documents (1994)(1993)

2 PROCEDURENOTES1 Variations on Construction 9 TenderingPeriods16 'Record' (or 'AsFitted')DrawingsContracts(RevisedJanu ary1996)and Operating and Maintenance(RevisedJanuary1996)Instructi ons(1O)(AdvicetoTenderers: UseofPostal(Underreview)2 Alterations toStandard Forms ofServices)ContractWithdrawnMarch198917 Set-off and AdjudicationProcedures(RevisedJanuary199 6)under Sub-contract11 FinancialControlandCashFlow(RevisedJuly1 991)Tenderers 18 UseandCompletionofNSC/1(RevisedJanuary19 96)12 Tenderingfor Building Works (Issued July1991)4 Placing of Contractswith a(RevisedJune1992)19 ThePublicWorksContractsSubstantialBuildi ngServicesEngineering Content 13 Naming of Officials by Public Proceduresof theEC'Works(RevisedSeptember1989)

3 Authorities in the Articles of Directive'3 Additional Informationfor(RevisedJanuary1996)withou tBills of QuantitiesRegulations1991-ContractAwardA greement in Standard Forms of(IssuedJune1994)(5)(SelectiveTendering )BuildingContract(6) (NEDOP riceAdjustment Formula) 14 PlacingofSub-contractsinvolving(SI1994 No. 3140)7 Standard Form of Building ContractSub-Contractors WithdrawnMarch1978(RevisedJanuary1996)20 The construction (DesignandManagement)Regulations1994 WithdrawnMarch1978design,preparation of drawings (Issued February 1995)and/or off-site fabrication (RevisedJanuary1996)(RevisedSeptember198 9)15 Commissioning and Testing Clause 31F)WithdrawnMarch1978(8) (NEDOP riceFluctuationFormula-(Underreview)TEND ERING QUESTIONNAIRES Applicationfor admissiontoApprovedListsof ContractorsApplicationfor admissiontoSelectLists of Contractorsfor oneparticularcontractAvailablefrom:RlBAP ublicationsSurveyors Publications CIP LtdCONTENTSP ageclear to all potential tenderers at the outset.

4 The principles set out hereafter should still be Introduction 1 The objective is to achieve value for money for list of Tenderers 2 part of a range of issues an employer must Tendering Procedure 2 the employer; good tendering procedures are consider to achieve that. The Construction (Design and Management) Assessing Tenders and Notifying Results 4 Regulations 1994 [1] (CDM) place duties upon employers, architects, designers and with regard to health and safety. Itmanaged effectively throughout all stages of a and planning through to the execution of works on site and subsequent maintenance and and Adjustment of the Priced Bill(s) 4 must be taken into account, co-ordinated and Negotiated Reduction of Tender 5 construction project, from conception, design Enquiry for Invitation to Tender for use with.

5 1 Standard Form of Building Contract 7 Consequent upon entry into the European Union tenders for public sector construction contracts above a specified value must be invited and contracts awarded in accordance with Directive 71/305/EEC (as amended by Directive 89/440/EEC), implemented in the UK B Formal Invitation to Tender 9 by The Public Works Contracts Regulations 1991(SI)1991/2680. In these instances, the C Form of Tender 10 provisions of the Code will be qualified by the supplementary tendering procedures specified in the Regulations.

6 Public contracting authorities within the meaning of the Regulations are responsible for ensuring that their tender and award procedures for works contracts comply with the provisions of the Regulations or subsequent legislation. (See NJCC Procedure Note 19.) This Code is complementary to other NJCC publications (listed opposite). AThis Code assumes that a planning supervisor has been appointed under CDM. Intermediate Form of Building Contract Agreement for Minor Building Works .2(S) Scottish Minor Works Contract 8 Note: The Code applies in the whole of the United Kingdom, but where Scottish practice differs, suitable recommendations are printed in italics.

7 Throughout the Code the word 'architect' is to mean architect [2] or contract administrator and the word 'employer', to mean building owner or employing body in the sense that the terms are used inthe standard forms of building contract. This Code has been prepared for use by all who commission construction work, whether in the private or public sectors. It envisages the use of single stage tendering by a selected list of tenderers which is currently the most common method of obtaining tenders for the majority of construction contracts. contracts where itis desired to secure the early involvement of the contractor before the development of the design is completed two stage tendering procedures may be adopted.

8 These procedures are detailed in a companion NJCC Code of Procedure for Two Stage Selective Tendering. Nothing in this Code should be taken to suggest that the employer is obliged to accept the lowest or any tender, although if the procedure advocated in the Code is followed, the successful tenderer will normally be the one offering the lowest price, on a lump sum basis. Ifitis the employer's intention to allow bids based on alternative criteria, this must be made general principles of the Code are fully supported by the Department of the Environment and take into account the relevant recommendations of the National Economic Development Office (NEDO) report 'The Public Client and the Construction Industries', the report 'The Placing and Management of Contracts for Building and Civil Engineering [1] See also the Approved Code of Practice issued in February 1995 by the Health and Safety Commission 'Managing construction for health and safety'.

9 [2] The term 'architect' applies only to any person entitled to use the name 'architect' under and in accordance with the Architects Registration Acts 1931 to 1969. Code: Single Stage of tenderers should be not more than the list has been settled, one or two further names should be appended in order that they may replace any firms on the list that do not accept the preliminary invitation. The actual number invited should be notified to all tenderers. When selecting the short list the following are among the points which should be considered: .1 the firm's financial standing and record; .2 whether the firm has had recent experience Work' (The Banwell Report), 'Action on the Banwell Report' and 'Constructing the Team' (The Latham Report 1994).

10 In order that its detailed recommendations may be most widely applicable, this Code assumes that a standard form of contract would be entered into following the acceptance of a tender. This assumption in no way precludes the use of the Code where other forms of contract are employed, though certain details may require modification. The contractor's tender is the price for which he offers to carry out and complete, in accordance with the conditions of the contract and statutory requirements, the works shown on the drawings and described in the bill(s) of quantities and/or specifications and schedules. Good tendering procedure demands that the contractor's tendered price should not be altered without justification.