03A Contracting
03A Contracting
Closing Administering
Procurement Procurement
1
Receiving tenders and opening envelopes
Issue clarification, where necessary
Evaluate tenders and select the winning tenderer
Negotiate with the shortlist of tenderers, or the
winning tenderer
Seeking required approvals
Prepare the Contract Documents
Award the contract
2
A due date for submission of tenders was
provided in the bidding documents.
Only those tenders received at the determined
place and by the due date and time will be
opened.
If a tender is received after the due date/time, it
should not be accepted and should not be
opened.
Tenders should be received in sealed packages.
3
Tender Opening Form
Participants:
1 Signature
2 Signature
3 Signature
Yes No Yes No
5 P P
10
4
Where there is an unclear element in the tender, you
need to seek clarification from the tenderer.
It is also necessary to deal with any arithmetical errors
11
12
5
Two established ways of dealing with
arithmetical errors:
The Tenderer may be given the choice either to
stand by his original tender or withdraw his
tender, or
The Tenderer may be asked whether he would
like to stand by his original tender or amend his
tender.
13
17
6
Lower Price
System of points (weighting system)
18
19
7
Example
RANK 2 3 1
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21
8
Several Methods:
Resume
24
9
Your company owns a resort on the Red Sea. They need to design
the Detailed Master Plan of the resort. You are the Head of the
Procurement Department. You are required to evaluate four
tenderers for the design of the Detailed Master Plan on the basis
of technical evaluation (35% weighting) and financial evaluation
(65% weighting).
The below selection criteria are to be used in evaluating the
technical offers. Your company has indicated the relative
importance given to each selection criteria by the weightings
shown.
Score each of the tenderers on each criterion, based on the
following data. Select the most suitable tenderer.
Scores are based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
25
10
Resource capabilities
Tenderers 1 and 2 have well qualified staff with
experience. Tenderers 3 and 4 have very well qualified
and experienced staff.
History of delays
Tenderer 1 is known to have delayed the completion of
some projects. Tenderers 2 and 4 are known for
completing work on time. Tenderer 3 is known for
usually completing work on time.
Quality
Tenderers 1 and 2 are known for providing services
with minimum errors. Tenderers 3 and 4 are known for
providing services that are error free and with efficient
quality systems. 27
28
11
Technical Evaluation
Project: Happy Resort Ref #: HR-DMP
Scope of Work: Detailed Master Plan
NOTES
Score based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
Financial Evaluation
Tender Sum
SCORE
RANK
NOTES
Score = Lowest financial Offer * weighting of financial evaluation / Tenderer financial offer
12
FINAL EVALUATION SUMMARY
Technical Score 0 0 0 0
Financial Score 0 0 0 0
SCORE 0 0 0 0
RANK
NOTES
Your company owns a project on the North Coast. They need to retain
the services for the infrastructure and road networks engineering
services. You are the Head of the Procurement Department. You are
required to evaluate four tenderers for the infrastructure and road
networks engineering services on the basis of technical evaluation (35%
weighting) and financial evaluation (65% weighting).
The below selection criteria are to be used in evaluating the technical
offers. Your company has indicated the relative importance given to
each selection criteria by the weightings shown.
Score each of the tenderers on each criterion, based on the following
data. Select the most suitable tenderer.
Scores are based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
32
13
Experience in similar projects with similar size
Tenderers 1 and 2 have completed a number of similar
projects with similar sizes last year. Tenderer 3 has
completed a few similar projects with similar sizes in recent
years. Tenderer 4 has completed one similar contract in
recent years.
References
Tenderers 1 and 4 each have provided references from prior
customers verifying their work experience and compliance
with contractual requirements. Tenderer 2 provided 1
reference. Tenderer 3 did not provide any reference.
Previous positive experience with the company
Tenderer 2 has successfully provided design services to
another project owned by the company.
33
Resource capabilities
Tenderers 1 and 3 have well qualified staff with
experience. Tenderers 2 and 4 have very well qualified
and experienced staff.
History of delays
Tenderer 3 is known to have delayed the completion of
some projects. Tenderers 1 and 4 are known for
completing work on time. Tenderer 2 is known for
usually completing work on time.
Quality
Tenderers 1, 3 and 4 are known for providing services
with minimum errors. Tenderer 2 is known for providing
services that are error free and with efficient quality
systems. 34
14
The financial offers of the tenderers are as follows:
Tenderer 1: EGP 1,150,000
Tenderer 2: EGP 1,100,000
Tenderer 3: EGP 900,000
Tenderer 4: EGP 1,750,000
35
Technical Evaluation
Project: XXXX Ref #: XXXX
Scope of Work: Infrastructure and road networks engineering services
NOTES
Score based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
15
Financial Evaluation
Project: Ref #
Scope of Work:
Tender Sum
SCORE
RANK
NOTES
Score = Lowest financial Offer * weighting of financial evaluation / Tenderer financial offer
Project: Ref #
Scope of Work:
Technical Score 0 0 0 0
Financial Score 0 0 0 0
SCORE 0 0 0 0
RANK
NOTES
16
Itis not advisable to select the tenderer with the
unreasonably low tender price.
More likely, he will have cash flow problems. The
Employer might end up terminating his contract
and going through the steps of employing
another contractor and disputing his
entitlements from the original contractor. This
could end up with additional costs.
Furthermore, he might be under-pricing his
tender with the hope of recovering the shortfall
by making various claims after the
commencement of the works.
39
40
17
Receive tenders and open envelopes
Issue clarification, where necessary
Evaluate tenders and select the winning tenderer
Negotiate with the shortlist of tenderers, or the
winning tenderer
Seeking required approvals
Prepare the Contract Documents
Award the contract
41
42
18
Receive tenders and open envelopes
Issue clarification, where necessary
Evaluate tenders and select the winning tenderer
Negotiate with the shortlist of tenderers, or the
winning tenderer
Seeking required approvals
Prepare the Contract Documents
Award the contract
43
44
19
Schedule of Authorities
Procurement Activity Limit Approval Authority
Goods up to EGP 15,000 Head of Department
EGP 15,001 to EGP 500,000 Head of Department + CFO
Head of Department + CFO +
> EGP 500,000 CEO
Services up to EGP 500,000 Head of Department
EGP 500,001 to EGP 10,000,000 Head of Department + CFO
Head of Department + CFO +
> EGP 10,000,000 CEO
Works up to EGP 1,000,000 Head of Department
EGP 1,000,001 to EGP
10,000,000 Head of Department + CFO
Head of Department + CFO +
> EGP 10,000,000 CEO
45
46
20
Bid Documents
Input by Tenderer
Tender Documents
Input by Parties
Contract Documents
Tender Documents
Contract Documents
• Contract Agreement (if any)
• Letter of Acceptance
• Letter of Tender
• Special Conditions of Contract;
• General Conditions of Contract;
• Form of Agreement
21
Bill
of Quantities
General conditions
Drawings
Special Conditions
The Contract Agreement
The Letter of Tender
The Letter of Acceptance
Specifications
50
22
When does the Contract come into existence?
Unless otherwise agreed or required by the law,
the contract comes into existence when the
contractor receives the letter of acceptance.
A signed contract is not necessarily required.
51
Yours Sincerely,
Head of Procurement Department
23
Agreement is composed of an offer and an
acceptance.
In order to see whether a contract has been made
the law looks to see whether one party has made
an offer to do or refrain from doing something,
and, if so, whether that offer has been accepted
by the other party.
53
For
acceptance of an offer to lead to a binding
contract, the acceptance must be unconditional
and it must be communicated to the person
who makes the offer.
Acceptance can also be effected by conduct,
but not by mere silence and inaction.
The acceptance of an offer must be
unconditional.
54
24
In order to be unconditional the terms of the
acceptance must correspond precisely with the
terms of the offer.
If the person to whom the offer is made
introduces new term/s that is either contrary
to a term of the offer or that is not contained
in the offer, the acceptance is not
unconditional and forms a counter-offer and
does not bring a binding contract into
existence.
55
56
25
Qualified Acceptance, an acceptance which is
made 'subject' to anything does not give rise
to a contract.
Though this may eventuate when the matter
to which it is subject occurs.
For example, if an acceptance is made 'subject
to planning permission being received', then a
contract would arise on the receipt of planning
permission.
This practice can give rise to problems, and
possibly claims, and is therefore to be avoided.
57
58
26
An employer offers to employ a contractor to do
specified works on specified terms for a specified
price, and the contractor without further negotiations
and without consenting to the specified price, does
the work. After a while, the contractor requested a
higher price than the specified one.
Is the contractor entitled to change the specified
price?
59
60
27
You have received tenders on 1 February for the
construction of a garage. The lowest tender is in
the sum of LE 500,000.00 and the construction
period is 10 months. Draft a letter of acceptance to
be sent to the tenderer with the lowest tender.
61
28
Continuing on from the previous case, you want to decrease the
duration of the last activity, so that the construction of the garage
would last a period of 8 months. Accordingly, you send the
following letter to the tenderer:
Dear Sirs,
We accept your tender dated 1 February in accordance with the
tender documents sent to you on 1 January, subject to the
following amendment:
The period for completion of the works shall be 8 months from the
date of commencement.
Sincerely yours,
The contractor did not acknowledge your letter but commenced
work and completed in 10 months. You claim damages for delay.
The contractor claims that his offer to complete in 10 months
entitled him to take that time to complete the works and he was
not liable for damages. Which conditions apply? Is the contractor
liable to pay damages? 63
64
29
The lesson learned from the above cases is what
is called `the battle of the forms‟, i.e. the battle
is usually won by he who fires the last shot.
65
66
30
No, there is agreement on the product and the
price, but not on the delivery date. The result
is that there is no contract at all.
67
68
31
The claimants sent a telegram to the defendants, which stated:
“Will you sell us X farm? Send us by telegram lowest cash price.”
The defendants replied:
“Lowest cash price for X farm is £900”
The reply to this from the claimants was:
“We agree to buy X farm for £900 asked for by you”
This last communication was not replied to and the defendants
subsequently refused to sell the property to the claimants. The
claimants sued the defendants, arguing that a contract had been
agreed, and that the defendants were legally bound to sell the
property at the agreed price of £900.
Is there a binding contract between the claimants and the
defendants?
69
Held:
No contract existed.
The initial telegram was simply an inquiry to see if the
owners of the property were willing to sell and to discover
what their bargaining position would be.
The claimant's reply was simply an indication of what the
lowest price was, not an offer of a definite price. This reply,
then, was not an offer, open for acceptance to form a legally
binding contract, but was an invitation to treat, an invitation
to further the negotiation process.
70
32
A argued that displays of goods were an "offer" and when
a shopper selected and put the goods into their shopping
basket, that was an "acceptance".
B argued that the sale was effected only at the cash point.
When does the contract come into existence?
71
72
33
Lord Justice Somervell in Pharmaceutical Society of Great
Britain v. Boots Cash Chemists (Southern) Ltd [1953] 1 QB
401 :
If the Plaintiffs are right, once an article has been placed in
the box the customer himself is bound and he would have
no right without paying for the first article to substitute an
article which he saw later of the same kind and which he
perhaps preferred.
Picking up an article is a convenient method of enabling
customers to see what there is and choose and possibly
put back and substitute articles which they wish to have
and then go up to the cashier and offer to buy what they
have so far chosen. 73
Resume
74
34
Followingan exchange of correspondence
(offer and counter offer), the prospective
Buyer stated in a letter „we confirm that we
have accepted your offer…we would highly
appreciate if you could take into consideration
the points we have raised‟. Is there a binding
contract?
75
76
35
The pursuer sent a communication to the defender in the
following terms:
“I am offering to construct the building Y and have pleasure
in quoting you $3,000,000. I shall be glad to hear if you
accept, and await your esteemed reply.”
The defenders accepted, but then argued that the initial
communication was an invitation to treat, not an offer.
Is there a binding contract?
77
36
Does the Letter of Intent constitute
acceptance?
The effect of a letter of intent depends on the
wording of the letter rather than its heading.
A „letter of intent‟ per se is not necessarily an
acceptance.
79
80
37
Once the winning tenderer confirms acceptance,
your company policy might require that the
unsuccessful tenderers be notified.
82
Yours Sincerely,
Head of Procurement Department
38
Brook, Martin. Estimating and Tendering for Construction Work, Third Edition,
Elsevier Ltd., Great Britain, 2004 84
85
39
Brook, Martin, Estimating and Tendering for Construction
Work, (3rd Edition, Elsevier Ltd., Great Britain, 2004)
Fisk, Edward, Construction Project Administration, (5th
Edition, Prentice-Hall, United States of America, 1997)
MacRoberts, Solicitors, MacRoberts on Scottish Building
Contracts, (2nd Edition, Blackwell Publishing Limited,
2008)
Murdoch John and Hughes Will, Construction Contracts
Law and management, (4th Edition, Taylor & Francis,
London and New York, 2008)
87
40
Your company owns a resort on the Red Sea. They need to design
the Detailed Master Plan of the resort. You are the Head of the
Procurement Department. You are required to evaluate four
tenderers for the design of the Detailed Master Plan on the basis
of technical evaluation (35% weighting) and financial evaluation
(65% weighting).
The below selection criteria are to be used in evaluating the
technical offers. Your company has indicated the relative
importance given to each selection criteria by the weightings
shown.
Score each of the tenderers on each criterion, based on the
following data. Select the most suitable tenderer.
Scores are based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
1
Experience in similar projects with similar size
Tenderer 1 has completed one similar project with
similar size last year. Tenderer 2 and 3 have each
completed a few similar projects with similar sizes in
recent years. Tenderer 4 has successfully completed a
number of similar contracts in recent years.
Similar experience in Egypt
Tenderers 1, 2 and 4 have experience working in
Egypt. Tenderer 3 has never worked in Egypt before.
Previous positive experience with the company
Tenderer 1 has successfully designed the Conceptual
Master Plan of another resort owned by the company.
2
Resource capabilities
Tenderers 1 and 2 have well qualified staff with
experience. Tenderers 3 and 4 have very well qualified
and experienced staff.
History of delays
Tenderer 1 is known to have delayed the completion of
some projects. Tenderers 2 and 4 are known for
completing work on time. Tenderer 3 is known for
usually completing work on time.
Quality
Tenderers 1 and 2 are known for providing services
with minimum errors. Tenderers 3 and 4 are known for
providing services that are error free and with efficient
quality systems. 3
The financial offers of the tenderers are as follows:
Tenderer 1: EGP 5,600,000
Tenderer 2: EGP 5,350,000
Tenderer 3: EGP 6,300,000
Tenderer 4: EGP 5,750,000
4
Technical Evaluation
Project: Happy Resort Ref #: HR-DMP
Scope of Work: Detailed Master Plan
NOTES
Score based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
Tender Sum
SCORE
RANK
NOTES
Score = Lowest financial Offer * weighting of financial evaluation / Tenderer financial offer
FINAL EVALUATION SUMMARY
Technical Score 0 0 0 0
Financial Score 0 0 0 0
SCORE 0 0 0 0
RANK
NOTES
Your company owns a project on the North Coast. They need to retain
the services for the infrastructure and road networks engineering
services. You are the Head of the Procurement Department. You are
required to evaluate four tenderers for the infrastructure and road
networks engineering services on the basis of technical evaluation (35%
weighting) and financial evaluation (65% weighting).
The below selection criteria are to be used in evaluating the technical
offers. Your company has indicated the relative importance given to
each selection criteria by the weightings shown.
Score each of the tenderers on each criterion, based on the following
data. Select the most suitable tenderer.
Scores are based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
8
Experience in similar projects with similar size
Tenderers 1 and 2 have completed a number of similar
projects with similar sizes last year. Tenderer 3 has
completed a few similar projects with similar sizes in recent
years. Tenderer 4 has completed one similar contract in
recent years.
References
Tenderers 1 and 4 each have provided references from prior
customers verifying their work experience and compliance
with contractual requirements. Tenderer 2 provided 1
reference. Tenderer 3 did not provide any reference.
Previous positive experience with the company
Tenderer 2 has successfully provided design services to
another project owned by the company.
9
Resource capabilities
Tenderers 1 and 3 have well qualified staff with
experience. Tenderers 2 and 4 have very well qualified
and experienced staff.
History of delays
Tenderer 3 is known to have delayed the completion of
some projects. Tenderers 1 and 4 are known for
completing work on time. Tenderer 2 is known for
usually completing work on time.
Quality
Tenderers 1, 3 and 4 are known for providing services
with minimum errors. Tenderer 2 is known for providing
services that are error free and with efficient quality
systems. 10
The financial offers of the tenderers are as follows:
Tenderer 1: EGP 1,150,000
Tenderer 2: EGP 1,100,000
Tenderer 3: EGP 900,000
Tenderer 4: EGP 1,750,000
11
Technical Evaluation
Project: XXXX Ref #: XXXX
Scope of Work: Infrastructure and road networks engineering services
NOTES
Score based on scale of 0-3 as follows:
0 - Poor
1 - Below Average
2 - Satisfactory
3 - Excellent
Project: Ref #
Scope of Work:
Tender Sum
SCORE
RANK
NOTES
Score = Lowest financial Offer * weighting of financial evaluation / Tenderer financial offer
FINAL EVALUATION SUMMARY
Project: Ref #
Scope of Work:
Technical Score 0 0 0 0
Financial Score 0 0 0 0
SCORE 0 0 0 0
RANK
NOTES