NJCC January 1996

Code of Procedurefor
Single Stage
Selective Tendering

National Joint Consultative Committee for Building

in collaboration with:

The Scottish Joint Consultative Committee and

The Joint Consultative Committee for Building,
Northern Ireland

SingleStageSelectiveTendering(1996)
Two StageSelectiveTendering(1996)
1 Joint VentureTenderingfor
Contractsin the United Kingdom
(1996)
2 Performance Bonds(1995)
(3) (FireOfficersRecommendations)
Withdrawn August 1993
1 Variationson Construction
Contracts
(RevisedJanuary 1996)
2 Alterationsto Standard Formsof
Contract
(RevisedJanuary 1996)
3 Additional Informationfor
Tenderers
(RevisedJanuary 1996)
4 Placingof Contractswith a
Substantial BuildingServices
Engineering Content
(RevisedSeptember 1989)
(5) (SelectiveTendering)
Withdrawn March1978
(6) (NEDOPriceAdjustment Formula)
Withdrawn March1978
7 Standard Form of Building Contract
1980Edition-Clauses38.7 and 39.8
(RevisedSeptember 1989)
(8) (NEDOPriceFluctuationFormula-
Clause31F)
Withdrawn March 1978
Available from:
RlBA Publications
Surveyors Publications
CIPLtd
NJCC Publications
CODESOFPROCEDURE
SelectiveTenderingfor Designand Build
(1995)
Lettingand Management of Domestic
Sub-contractWorks (1989)
GUIDANCE NOTES
4 Pre-TenderMeetings(1988)
5 Reproductionof Drawingsfor
Tender Purposes (1996)
6 CollateralWarranties (1992)
7 Alternative Dispute Resolution
(1993)
PROCEDURENOTES
9 TenderingPeriods
(RevisedJanuary 1996)
( 1 O ) (AdvicetoTenderers: UseofPostal
Services)
Withdrawn March1989
11 FinancialControland Cash Flow
(RevisedJanuary 1996)
12 Tenderingfor Building Works
without Bills of Quantities
(RevisedJune 1992)
13 Naming of Officials by Public
Authorities in the Articles of
Agreement inStandard Formsof
Building Contract
(RevisedJanuary1996)
14 Placing of Sub-contractsinvolving
design, preparationof drawings
and/oroff-site fabrication workby
Sub-Contractors
(RevisedJanuary 1996)
15 CommissioningandTesting
(Underreview)
TENDERINGQUESTIONNAIRES
Applicationfor admissionto
Approved Listsof Contractors
Selectionof a Management Contractor
and Works Contractors (1991)
8 ConstructionManagement:
Selection and Appointmentof
ConstructionManager and Trade
Contractors(1994)
9 ChargesforAdmission to Approved
and Select Lists and for Tender
Documents (1994)
16 'Record' (or'As Fitted') Drawings
and Operating and Maintenance
Instructions
(Underreview)
17 Set-off and Adjudication Procedures
under Sub-contract
(RevisedJuly 1991)
18 UseandCompletionofNSC/1
(Issued July1991)
19 The PublicWorks Contracts
Regulations1991-ContractAward
Proceduresof theEC'Works
Directive'
(IssuedJune 1994)
20 The construction (Designand
Management)Regulations1994
(SI 1994No.3140)
(IssuedFebruary 1995)
Applicationfor admissionto
SelectListsof Contractorsfor one
particularcontract
 CONTENTS Page
1.0 Foreword
2.0 Introduction
3.0 The list of Tenderers
4.0 Tendering Procedure
5.0 Assessing Tenders and Notifying Results
6.0 Examination and Adjustment of the
Priced Bill(s)
7.0 Negotiated Reduction of Tender
Appendices
A Preliminary Enquiry for Invitation to Tender
for use with:
.1 Standard Form of Building Contract 7 1.3
Intermediate Form of Building Contract
Agreement for Minor Building Works
.2(S) Scottish Minor Works Contract
B Formal Invitation to Tender
C Form of Tender
Note: The Code applies in the whole of the
United Kingdom, but where Scottish practice
differs, suitable recommendations are printed
in italics.
1.0 FOREWORD
1.1 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.
On contracts where it is desired to secure the
early involvement of the contractor before the
development of the design is completed two
stage tendering procedures may be adopted.
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.
If it is the employer's intention to allow bids
based on alternative criteria, this must be made
Code: Single Stage
clear to all potential tenderers at the outset; the
principles set out hereafter should still be
1 observed.
1 The objective is to achieve value for money for
the employer; good tendering procedures are
2 part of a range of issues an employer must
consider to achieve that.
2
1.2 The Construction (Design and Management)
4 Regulations 1994 [1] (CDM) place duties upon
employers, architects, designers and
contractors with regard to health and safety. It
4 must be taken into account, co-ordinated and
managed effectively throughout all stages of a
5 construction project, from conception, design
and planning through to the execution of works
on site and subsequent maintenance and
repair.
This Code assumes that a planning supervisor
has been appointed under CDM.
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
8 with Directive 71/305/EEC (as amended by
Directive 89/440/EEC), implemented in the UK
9 by The Public Works Contracts Regulations
1991 (SI) 1991/2680. In these instances, the
10 provisions of the Code will be qualified by the
supplementary tendering procedures specified
in the Regulations. 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.)
1.4 This Code is complementary to other NJCC
publications (listed opposite).
1.5 Throughout the Code the word 'architect' is
used 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 in the standard forms of
building contract.
2.0 INTRODUCTION
2.1 The 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'.
[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.
1
2.1 continued
Work' (The Banwell Report), 'Action on the
Banwell Report' and 'Constructing the Team'
(The Latham Report 1994).
2.2 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.
2.3 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.
2.4 Good tendering procedure demands that the
contractor's tendered price should not be
altered without justification. Difficulties have
arisen when an examination of the priced bill(s)
revealed errors or a discrepancy between these
prices and the tender figure. The Code lays
down, in Section 6, alternative methods of
dealing with this situation before the
contractor's offer is accepted. The first
alternative does not permit the correction of
errors in priced bill(s) of quantities, the second
does.
The choice must be made before contractors
are invited to tender.
2.5 It should be a condition of tender that obvious
errors in pricing or significant errors in
arithmetic discovered before the acceptance of
the contractor's tender should be dealt with in
accordance with one of the alternatives in
Section 6 of this Code.
3.0 THE LIST OF TENDERERS
3.1 Once it has been decided that a contractor is to
be selected under a competitive tendering
procedure, a short list of suitable tenderers
should be drawn up either from the employer's
approved list of contractors or from an ad hoc
list of contractors.
It should be appreciated that, because of the
cost of preparing tenders, the larger the tender
lists become the greater will be the cost of
abortive tendering, and this will be reflected in
higher building prices.
This list, irrespective of the size of the contract,
should contain not more than six names.
Regard should also be paid to the amount of
work demanded of tenderers in order to
formulate their bids and where this involves
extensive quantification,specification,
specialisation and/or calculation the maximum
2 Code: Single Stage
number of tenderers should be not more than
four.
When 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.
3.2 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
of building at the required rate of completion
over a comparable contract period;
.3 the firm's general experience, skill and
reputation in the area in question;
.4 whether the technical and management
structure of the firm including the
management of sub-contractors is adequate
for the type of contract envisaged;
.5 the firm's competence and resources in
respect of statutory health and safety
requirements;
.6 the firm's approach to quality assurance
systems; and
.7 whether the firm will have adequate capacity
at the relevant time.
3.3 Approved lists should be reviewed periodically
to exclude firms whose performance has been
unsatisfactory, and to allow the introduction of
suitable additional firms.
3.4 The object of selection is to make a list of firms,
any one of which could be entrusted with the
job [3]. If this is achieved, then the final choice
of contractor will be simple - the firm offering
the lowest tender. Only the most exceptional
cases justify departure from this general
recommendation.
4.0 TENDERING PROCEDURE
4.1 Preliminary Enquiry
.1 In order that contractors may be able to
decide whether they will tender, and to
anticipate demands on their tendering staff,
each firm should be sent, and should reply
promptly to, a preliminary invitation to
tender as illustrated in Appendix A -
'Preliminary Enquiry for Invitation to Tender'.
It is essential that all the details itemised in
Appendix A are stated in the preliminary
[3] Arrangements for pre-tender interviews may
facilitate this objective. (See NJCC Procedure Note 4-
Pre-Tender Meetings.)
4.1 .1 continued
enquiry. The omission of relevant
information may seriously impede
contractors in deciding whether or not to
tender.
.2 It is suggested that an appropriate period of
time between the preliminary enquiry and
the despatch of tender documents is 4 to 6
weeks, although in some instances a period
of 3 months would not be unreasonable. In
cases beyond 3 months the preliminary
invitation should be confirmed a month
before tenders are invited.
.3 Once a contractor has signified initial
agreement to tender it is in the best interests
of all parties that such acceptance should be
honoured. If in exceptional circumstances a
contractor has to withdraw his acceptance he
should give notice of this intention before
the issue of tender documents. If for any
reason this is not possible, notice should be
given not later than two working days after
receipt of the tender documents.
.4 After the latest date for the acceptance of the
preliminary invitation the final short list of
tenderers will be selected. All firms should
be notified promptly whether or not they
have been included in the tender list.
4.2 The Tender Documents
.1 On the day stated in the preliminary
invitation all tender documents should be
available for collection or despatched to the
tenderers by first class post. See Appendix B
for suggested 'Formal Invitation to Tender'
and Appendix C for suggested 'Form of
Tender'.
.2 The conditions of tendering should be
absolutely clear so that all tenders are
submitted on the same basis. The contract
period should be specified in the tender
documents and tenderers should be required
to make offers based on the same period of
completion in order to limit competition to
price only.
.3 The NJCC strongly recommends the use of
the standard forms of building contract in
unamended form.
Although it is recognised that the terms of
the standard forms are not mandatory and
that the employer and his professional
advisers may alter them at their discretion,
the NJCC believes that alterations to the
standard forms impede the efforts being
made towards achieving greater
standardisation of building procedures. The
NJCC is firmly of the opinion that if
alterations to the standard forms have to be
made it is essential in the interests of good
practice and of economic building that they
be kept to an absolute minimum. They
should not be undertaken without serious
Code: Single Stage
prior consideration and should then be
drafted by a person competent to ensure that
all consequential alterations to other clauses
are made (see NJCC Procedure Note 2).
The tenderer's attention should be
specifically drawn in the Preliminary
Invitation to Tender (see Appendix A) to any
alterations to be made to the standard form
of contract and, where appropriate, reasons
should be given, so that the implications of
such amendments may be considered by the
tenderers prior to acceptance of the
invitation to tender; and so minimise the risk
of subsequent queries at tender stage which
may result in an extension of the tender
period (see clause 4.4).
4.3 Time for Tendering
.1 The time allowed for the preparation of
tenders should be determined in relation to
the size and complexity of the job.
Inadequate tendering time can lead to
mistakes and the client may not obtain the
most competitive prices. A minimum of four
working weeks (20 working days) should
normally be allowed. Major projects, plan
and specification tenders [4], works having a
significant non-nominated specialist content
or other special circumstances may well
require a longer period. The tender period
must be sufficient to enable the tenderer to
obtain competitive quotations for the supply
of materials and for the execution of works
to be sub-let. The latest time for submission
should be specified as an hour of a day and
should be chosen to allow as short a time as
possible to elapse before opening the
tenders. Tenders received after time should
not be admitted to the competition.
.2 If bills of quantities are issued to tenderers in
sections, or any supporting or relevant
documentation issued at a later stage in the
tendering period, the date for the return of
tenders should be extended with the full
tendering period calculated from the date of
issue of the final information.
Sufficient time must be given to allow
tenderers to comply with the requirements
of the Construction (Design and
Management) Regulations 1994.
4.4 Tender Compliance
.1 If a tenderer considers that any of the tender
documents are deficient in any respect and
require clarification, or contain unacceptable
alterations to the standard form of building
contract not previously set out in the
Preliminary Invitation to Tender (see
Appendix A) he should inform the issuing
authority or the architect (with a copy to the
quantity surveyor) as soon as possible and
preferably not less than ten working days
[4] See NJCC Procedure Note 12 -Tendering for
Building Works without Bills of Quantities.
3
4.4 .1 continued
before the tenders are due. If it is decided to
amend the documents the issuing authority
or architect should inform all tenderers and
extend the time for tendering if necessary.
.2 For fair competitive tendering it is essential
that the tenders submitted by each tenderer
be based on identical tender documents (a
compliant tender) and that the tenderers
should not attempt to vary the basis by
qualifying their tenders.
If, in addition, the employer is prepared to
receive alternative offers varying any aspect
of the project specifications including an
alternative contract period all tenderers
should be notified accordingly. The
alternative offer, which the employer may
reject, should be supported by a fully
specified and priced build-up.
An alternative offer should only be
considered if accompanied by a compliant
tender.
.3 A tenderer who otherwise submits a
qualified tender should be given the
opportunity to withdraw the qualifications to
produce a compliant tender; if he fails to do
so his whole tender should be rejected if it is
considered that such qualifications afford the
tenderer an unfair advantage over other
tenderers.
4.5 Withdrawal of Tender before Acceptance
.1 Under English law a tender may be
withdrawn at any time before its acceptance.
*. 1 Under Scots law, if the provision for the
tender to be withdrawn at any time before its
acceptance is to be available, the words
‘unless previously withdrawn‘ should be
inserted in the tender after the words ‘this
tender remains open for consideration . . .’
(Note: this clause is nor, however, contained
in tenders issued in Scotland by the
Department of the Environment; see
Appendix C for suggested ‘Form of Tender‘.)
5.0 ASSESSING TENDERS AND NOTIFYING
RESULTS
5.1 Tenders should be opened as soon as possible
after the time for receipt of tenders.
5.2 The lowest tenderer should be required to
submit priced bill(s) of quantities as soon as
possible and in any case within four working
days.
Tenderers should be informed that failure to
comply with this requirement may render the
tender liable to rejection.
* Applicable in Scotland only.
4 Code: Single Stage
5.2 * The priced bill(s) of quantities, contained in a
sealed, separate envelope, endorsed with the
tenderer’s name, should be submitted at the
same time as the tender.
5.3 The NJCC does not recommend that all
tenderers be required to submit a response to
the health and safety plan with their tenders.
The lowest tenderer should be required to
submit its response as soon as possible.
5.4 It is important that all but the lowest three
tenderers should be informed immediately that
their tenders have been unsuccessful, as this
information is critical in relation to a
contractor‘s strategic tender planning. In order
to serve the employer’s interests in the event of
the lowest tenderer withdrawing his offer, the
second and third lowest tenderers should be
informed that their tenders were not the most
favourable received but that they will be
approached again if it is decided to give further
consideration to their offers. They should
subsequently be notified at once when a
decision to accept a tender has been taken.
5.4 * The envelope containing the bill(s) of the lowest
tenderer should be opened and the bill(s)
examined. Alternatively the lowest three
tenderers should be advised that their offers are
under consideration and the envelopes
containing the bill(s) of the lowest three
tenderers should be opened and the bill(sl
examined. Tenderers whose offers are being
rejected should be informed immediately or as
early as possible.
5.5 A contract must not be entered into nor works
started on site until satisfaction has been
obtained on the firm’s competence and
resources in respect of statutory health and
safety requirements.
5.6 Once the contract has been let every tenderer
should be supplied with a list of the firms who
tendered (in alphabetical order) and a list of the
tender prices (in ascending order of value).
6.0 EXAMINATION AND ADJUSTMENT OF THE
PRICED BILL(S)
6.1 The examination of the priced bill(s) of
quantities supporting the tender under
consideration should be made by the quantity
surveyor who should treat the document as
confidential; on no account should any details
of the tenderer‘s pricing be disclosed to any
person, other than the architect or other
appropriate consultant, except with the express
permission of the tenderer.
6.2 The object of examining priced bills is to detect
errors in computation of the tender. If the
quantity surveyor finds such errors, he should
report them to the architect who, in conjunction
with the employer, will determine the action to
be taken under whichever is appropriate of the
alternatives set out below and referred to in the
6.2 continued
Formal Invitation to Tender and the Form of
Tender. (See Appendices B and C.)
6.3 Alternative 1
.1 The tenderer should be given details of such
errors and afforded an opportunity of
confirming or withdrawing his offer. If the
tenderer withdraws, the priced bill(s) of the
second lowest should be examined, and if
necessary this tenderer be given a similar
opportunity.
.2 An endorsement should be added to the
priced bill(s) indicating that all rates or prices
(excluding preliminary items, contingencies,
prime cost and provisional sums) inserted
therein by the tenderer are to be considered
as reduced or increased in the same
proportion as the corrected total of priced
items exceeds or falls short of such items.
This endorsement should be signed by both
parties to the contract.
NJCC strongly deplores any practice which
seeks to reduce any tender arbitrarily where the
tender has been submitted in free competition
and no modifications to the specification,
quantity or conditions under which the work is
to be executed are to be made, or to reduce
tenders other than the lowest to a figure below
the lowest tender.
7.2 Should the tender under consideration exceed
the employer’s budget the recommended
procedure is for a reduced price to be
negotiated with the tenderer, based on agreed
changes to the specification or the quantity of
work. The basis of negotiations and any
agreements made should be fully documented.
7.3 Only when these negotiations fail should
negotiations proceed with the next lowest
tenderer. If these negotiations also fail, similar
action may be taken with the third lowest
tenderer.
7.4 If all these negotiations fail, new tenders may
be called for.

6.4 Alternative 2

.1 The tenderer should be given an opportunity

of confirming his offer or of amending it to
correct genuine errors. Should he elect to
amend his offer and the revised tender is no
longer the lowest, the offer of the firm now
lowest in the competition should be
examined.

*.1 The lowest tenderer or each of the lowest

three renderers should be given an
opportunity of confirming his offer or
amending it to correct genuine error.

.2 If the tenderer elects not to amend his offer,

an endorsement will be required as in clause
6.3.2. If the tenderer does amend his tender
figure, and possibly certain of the rates in his
bill(s), he should either be allowed access to
his original tender to insert the correct
details and to initial them or be required to
confirm all the alterations in a letter. If in the
latter case his revised tender is eventually
accepted, the letter should be conjoined with
the acceptance and the amended tender
figure and the rates in it substituted for those
in the original tender.

6.5 When a tender is found to be free of error, or

the tenderer is prepared to stand by his tender
in spite of error, or a tender on amendment is
still the lowest, this should be recommended to
the employer for acceptance.

7.0 NEGOTIATED REDUCTION OF TENDER

7.1 As previously stated in clause 2.4, good

tendering procedure demands that a
contractor’s tendered price should not be
altered without justification. In particular, the

* Applicable in Scotland only.

Code: Single Stage 5

Appendix A.1 PRELIMINARY ENQUIRY FOR INVITATION TO TENDER

Applicable where the JCT Standard Form of Building Contract, Intermediate Form of
Building Contract or Agreement for Minor Building Works is to be used

Dear Sirs,

Heading

I am/We are authorised to prepare a preliminary list of tenderers for construction of the
works described below.

Please indicate whether or not you wish to be invited to submit a tender for these works.
Your acceptance will imply your agreement to submit: a wholly bona fide tender in
accordance with the principles laid down in the NJCC 'Code of Procedure for Single
Stage Selective Tendering' 1996, and not to divulge your tender price to any person or
body before the time for submission of tenders. Once the contract has been let, I/we
undertake to supply all tenderers with a list of the tender prices.

You are requested to reply by. . . Your inability to accept will in no way prejudice your
opportunities for tendering for further work under my/our direction; neither will your
inclusion in the preliminary list at this stage guarantee that you will subsequently receive
a formal invitation to tender for these works.

Yours faithfully. . .

a Project.. .
b Type and function of the building, e.g. commercial, industrial, housing, etc., with any
other details.. .
c General description of the project. . .
d Employer.. .
e Employer's professional team . . .
f Planning Supervisor.. .
g Location of site. . . (Site plan enclosed)
h Approximate cost range of project £ . . . to £ . . .
i Number of tenderers it is proposed to invite.. .
j Nominated sub-contractors for major items. . . [1]
k Form of Contract:
List here Form of Contract, e.g. JCT 80/IFC 84/MW 80,* together with
(i) Appendix items to the appropriate form completed †
(not applicable to MW 80)
(ii) The JCT Amendments proposed to the standard form ‡
[Note: Attention is drawn to the advice given in clause 4.2.3.1
I Examination and correction of priced bill(s) [Section 6 of Code1 121;
Alternative 1/Alternative 2 [3] will apply
m The contract is to be executed as a deed/a simple contract §
n Anticipated date for possession . . .
o Period for completion of works. . .
p Approximate date for despatch of all tender documents . . .
q Tender period.. . weeks
r Tender to remain open for. . . weeks [4]
s Details of guarantee requirements. . . (if any) [5]
t Particular conditions applying to the contract are. . .

References [1] Not appropriate for IFC 84 or MW 80.

[2] Only appropriate for JCT 80 With Quantities or IFC 84 if the priced document is to be contract
bills.
I3] Delete as appropriate before issuing.
[4] This period should be as short as possible.
[5] See NJCC Guidance Notes 2 and 6.
* In Scotland the appropriate SBCC Scottish Building Contract (SBC).
† In Scotland Appendix II.
‡ In Scotland the SBCC Amendment Sheet (number and date) to be used with the appropriate
SBC.
§ In Scotland as a formal/informal contract.
Previous page
Code: Single Stage 7
is blank
Appendix A.2(S) PRELIMINARY ENQUIRY FOR INVITATION TO TENDER

Applicable where the Scottish Minor Works Contract is to be used

Dear Sirs,

Heading

I am/We are authorised to prepare a preliminary list of tenderers for construction of the
works described below.

Your attention is drawn to the fact that apart from the alternative clauses to the Scottish
Minor Works Contract as detailed below under item i, further amendments to the
Scottish Minor Works Contract, if any are annexed hereto, will be incorporated in the
tender documents.

Will you please indicate whether you wish to be invited to submit a tender for these
works on this basis. Your acceptance will imply your agreement to submit a wholly bona
fide tender in accordance with the principles laid down in the NJCC 'Code of Procedure
for Single Stage Selective Tendering' 1996, and not to divulge your tender price to any
person or body before the time for submission of tenders. Once the contract has been
let, I/we undertake to supply all tenderers with a list of the tender prices.

Please state whether you would require any additional unbound copies of the bill(s) in
addition to the two copies you would receive; a charge may be made for extra copies. [I]

You are requested to reply by. . . Your inability to accept will in no way prejudice your
opportunities for tendering for further work under my/our direction; neither will your
inclusion in the preliminary list at this stage guarantee that you will subsequently receive
a formal invitation to tender for these works.

Yours faithfully. ..

a Job ...
b Employer.. .
c Architect/Contract Administrator . . .
d Quantity Surveyor. . .
e Consultants.. .
f Location of site.. , (Site plan enclosed)
g General description of work. . .
h Approximate cost range £ . . . to £.. . .
i Form of Contract: Scottish Minor Works Contract
Alternative A/Alternative B [1] will apply: the Planning Supervisor shall be . . .
Clause 2.0 will/will not [1] apply
Clause 6.5 will/will not [1] apply
Clause 7.2: Clause B1.1 of said Memorandum, Section B will/will not [I] apply
Clause 7.4 from 'or shall have given' to the end of clause 7.4 will/will not [1] apply
Clause 8.3A/8.3B will/will not [1] apply: the percentage to cover professional fees
is ... %
j Examination and correction of priced bill(s) [Section 6 of Code];
Alternative 1/Alternative 2 [1] will apply
k The contract is to be formally/informally [1] executed
I Anticipated date for commencement of works. . .
m Anticipated date for completion of works. . .
n Tender period.. .weeks
o Tender to remain open for.. . weeks [2]
p Liquidate damages (if any), anticipated value £ . . . per. . .
q Defects liability period under clause 3.5. . .
r Retention under clause 6.2. . . %
s Period specified in clause 6.4 shall be . . .
t Percentage specified in clause 6.5 (if applicable) is. . .
U Particular conditions applying to the contract are. . .

References [1] Delete as appropriate, before issuing.

[2] This period should be as short as possible.

8 Code: Single Stage

Appendix B FORMAL INVITATION TO TENDER

Dear Sirs,

Heading

Following your acceptance of the invitation to tender for the above, I/we now have
pleasure in enclosing the following:

a two copies of the bill(s) of quantities/specifications/schedules [1];

b (i) two copies of the location drawings, component drawings, dimension drawings
and information schedules (e.g. JCT 80 With Quantities ‡ or IFC 84 where
Contract Bills are provided) [1];
(ii) two copies of all drawings (for JCT 80 Without Quantities, IFC 84 with
Specification and Drawings or MW 80) § [1];
(iii) two copies of the planning supervisor‘s pre-tender health and safety plan;
c two copies of the form of tender;
d addressed envelope(s) for the return of the tender (and priced bill(s) †) and
instructions relating thereto.

Will you please also note:

1 drawings and details may be inspected at. . .

2 the site may be inspected by arrangement with the employer/architect [1];
3 tendering procedure will be in accordance with the principles of the NJCC ‘Code of
Procedure for Single Stage Selective Tendering’ 1996;
4 examination and adjustment of priced bill(s) [Section 6 of Code];
Alternative 1/Alternative 2 [1] will apply.

The completed form of tender is to be sealed in the endorsed envelope provided and
delivered or sent by post to reach ...
not later than.. . hours on ..
.the.. . day of.. 19.. . .
* The completed form of tender and the priced bill(s) of quantities sealed in separate
endorsed envelopes provided are to be lodged not later than. . . hours on, . . the . . .
day of. . . 19. . . The envelope containing the render should be endorsed with the
job title; that containing the bill(s) of quantities should be endorsed with the job title
and tenderer’s name.

Will you please acknowledge receipt of this letter and enclosures and confirm that you
are able to submit a tender in accordance with these instructions.

Yours faithfully.
Architect/Quantity Surveyor [1]

References [1] Delete as appropriate, before issuing.

* Applicable in Scotland only in which case the preceding sentence would not be used.
† Applicable in Scotland only.
‡ In Scotland SBCC With Quantities.
§ In Scotland SBCC Without Quantities or SMWC 86.

Code: Single Stage 9

Appendix C FORM OF TENDER

This form of tender is suitable for use only when a formal contract is entered into

Tender for. .. (description of Works)

To. .. (Employer)

Sir(s),

I/We having read the conditions of contract and bill(s) of quantities/specifications/

schedules [1] delivered to me/us and having examined the drawings and other
documents referred to therein do hereby offer to execute and complete in accordance
with the conditions of contract the whole of the works described for the sum of. .. £ ...
and within ... weeks [2] from the date of possession.

* //We undertake in the event of your acceptance to execute with you a formal contract
embodying all the conditions and terms contained in this offer.

I/We agree that should obvious errors in pricing or errors in arithmetic be discovered
before acceptance of this offer in the priced bill(s) of quantities submitted by me/us these
errors will be dealt with in accordance with Alternative 1/Alternative 2 [1] contained in
Section 6 of the NJCC 'Code of Procedure for Single Stage Selective Tendering' 1996.

This tender remains open for consideration for. .. days [3] from the date fixed for the
submission or lodgement of tenders,[4].

Dated this ............................................................... day of .............................................. 19 ...............

Name.. .............................................................................................................................

Address ........................................................................................................................................

Signature .................................................................. Witness* ................................................................

* The completed form of tender and the priced bill(s) of quantities sealed in separate
endorsed envelopes provided are to be lodged not later than. .. hours on ... the. ..
day of. .. 19. .. The envelope containing the tender should be endorsed with the
job title: that containing the bill(s) of quantities should be endorsed with the job title
and tenderer's name.

References [1] Delete as appropriate, before issuing.

I21] To be completed before Form of Tender is sent out.
[3] Any period quoted should not normally exceed 28 days and only in exceptional circumstances
should it extend beyond 56 days.
[41] Refer to clause 4.5 of this Code.
* Applicable in Scotland only.

10 Code: Single Stage


The National Joint Consultative
committee for Building was set up in
1954, after publicattention had been
focused on the importance of selective, as
opposed to indiscriminate, tendering.
The National Joint Consultative
Committee for Building
The original constituent bodies during the
first two decades of the NJCC were the
RIBA, RlCS and BEC (then NFBTE) but
following the publication of the Banwell
Report The Placing and Management of
Contracts for Building and Civil
Engineering Work the Association of
Consulting Engineers, the Federation of
Building Specialist Contractors and the
Confederation of Associations of
Specialist Engineering Contractors joined
in the early 1970s.
Throughout its existence the principal
pre-occupation of the NJCC has been best
described as the encouragement of 'good
practice'. By this is meant the
identification of what is the good way of
doing things in the-often complex-
operation of building processes. In effect
the NJCC sets out standards and it is the
only fully representative body to do so, or
capableofdoing so, with the authority of
its constituent bodies.
The NJCC's mostwidely known
publication is its Code of Procedure for
Single Stage SelectiveTendering, first
published in 1959. Tens of thousands of
copies have been sold in several editions
and it isgenerally accepted thatthisone
document transformed tendering
practices in the years following its
publication.
For the first time recommended
procedures which were easily
comprehensible, obviously ethical and
clearly designed to prevent undesirable
practices were spelt out and
recommended by an authoritative body
representing the building industry. In the
years since publication the code has
contributed greatly to the proper
regulation of tendering procedures and
has markedly improved the climate in
which the industry operates.
The Code, like other NJCC documents,
was endorsed by the Department of the
Environment and is widely used in the
public sector. Indeed, at one time 85% of
local authorities were believed to base
theirtendering procedureson it. In recent
years the Code has also become
increasingly used in the private sector.
The Single Stage Code was followed by a
Code of Procedure for Two Stage
Selective Tendering, the Code of
Procedure for Tendering for Design and
Build, the Code of Procedure for the
Letting and Management of Domestic
Sub-contract Works and the Code of
Procedure for the Selection of a
Management Contractor and Works
Contractors. From time to time the NJCC
has also published a series of Procedure
Notes. More recently the NJCC has
introduced a series of Guidance Notes,
which are listed inside the front cover
hereof.
The NJCC keeps all its publications under
review and up to date and ensures that
they reflect the principles of the Latham
Report Constructing the Team.
The Good Practice Panel is often
described as the 'powerhouse' of the
NJCC and 'the custodian of good practice'
in the industry. lts two main functions are:
1. To review and revise existing Codes
and formulate new ones where
required.
2. To receive reports on practice
difficulties encountered throughout
the industry and to advise on
appropriate courses of action.
The Panel's underlying function, which is
fundamental and which applies to all its
work, is to decide on what is, and what is
not, good practice. It formulatesopinions
on the information it is able to obtain and
offers informal advice, mostly in relation
totendering proceduresand contract
management. Although a voluntary body
which cannot enforce itsviewthe Panel
nevertheless enjoys considerable
influence and authority. Its prestige is
such that its opinions are widely
respected and usually accepted.
The NJCC, through its Good Practice
Panel, maintains continuous liaison as
required with such bodies as the DoE, the
Local Authorities Associations, the
Chartered lnstitute of Public Financeand
Accountancy as well as the
representatives of the private sector. The
positive function of the NJCC in actively
influencing ethical and procedural
standards in the industry proves that it is
not just a talking shop. In addition it
makes an important contribution to the
improvement of building practice and,
indirectly, to increased productivity.
One of the NJCC's strengths is that its
opinions and recommendations are
reached after consultation and discussion
between practitioners in the building
industry-those who are actively
involved at senior level with the day to
day problems of building. This
consultation - involving all significant
interests in the industry (professions,
main contractors and specialist sub-
contractors)- leads to recommendations
which are authoritative and, as
experience shows, continue to be
effective for many years.
NJCC
National Joint Consultative Committee for Building

Constituent bodies:
Royal Institute of British Architects
Royal Institution of Chartered Surveyors
Association of Consulting Engineers
Building Employers Confederation
Federation of Building Specialist Contractors
Specialist Engineering Contractors’ Group

Published for the NJCC by RIBA Publications,

Finsbury Mission, 39 Moreland Street, London EC1V 8BB
RlBA Publications is a division of RlBA Companies Ltd

© 1996 NJCC

Printed by The Broadwater Press Ltd,

Welwyn Garden City, Herts

1.96 C B A