1998 Editions
Series 2
Practice I
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Practice Note 6
The lender 8
The Alternativ
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in Contract Works 20
This Prakice Note is intended to be a successor to the Code of Procedure for Single Stage Selective
Tendering, published by the former National Joint Consultative Committee for Building (NJCC). It
includes much of the material from thst Code and also from the NJCC Codes relating to Two-Stage
and to Design and Build Tendering. The Joint Contracts Tribunal Limited is grateful to the NJCC's
constituent bodies for their permissionto include that material.
PNB (7/02) 1
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.I . . Introduction. . ..
rn Ireland
PN6 17/02)
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8 Similarly, in the case of contracts governed by the law of Northern Ireland, such
references should be extended where relevant to include the appropriate
Northern Ireland Adaptation Schedule, published by the Royal Society of Ulster
Architects.
Electronic Tendering
9 In recent years there has been a substantial -and welcome - incrctase in the use
of electronic tendering procedures. These offer obvious advantages in terms
both of speed and of reductions in the cost of produci
documentation; use of such procedures will no doubt be
Public Procurement
PN6 /7/021
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The documents
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14 To encourage a positive and time
contractors as possible, it is im
should be duly completed.
cide whether or not to
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for the issue of
0 the JCTFor
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Footnote la1 . Not applicable to contracts governed by the law of Scotland (as to which see the SBCC ‘Note to Users: I
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Attestation‘).
PN6 GVO2)
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Basis of assessment and the Questionnaire
18 The Preliminary Enquiry, in the letter itself andlor in the Project Information
I Schedule, should indicate whether the tender will be assessed solely on the
price for the works or on some other basis. If the employer requires alternative
tenders, the basis on which each of these is to be made should be stated clearly.
19 Where criteria other than price are to be used in the assessment of tenders (as
opposed merely to being requirements for pre-qualification), those criteria
must be set out in detail and the relative weighting of
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specified qualitieskriteria should be stated. For
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need to provide in his tender relat
simplify the process as far as pract
such information as contractors can
Preliminary Enquiry stage.
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Timing (Cflv prising th& Project Information Schedule,
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er should generally be sent out 4 to 6 weeks
ue of tender documents. Occasionally, a longer
a case (or if there is any delay in the issue of
e contractors who gave a preliminary indication of their
, shortly before the issue of tender documents, be asked
to do so.
PN6 (7102) 5
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Documents to be issued
n be viewed; and
If the employer has fixed a date or period for completion of the Works, that date
or period should also be inserted in the Form of Tender; in cases where it is for
the contractor to state his requirements as to time, appropriate adjustments
should be made. [cl
6 PN6 (7m2)
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27 The latest time and date for submission of bids should be stated on the face of
the Form of Tender as well as on the Invitation to Tender because, during the
bidding process, the Form of Tender often becomes separated from the
Invitation to Tender. The Model Form of Tender is expressedto remain open for
acceptance for a 28 day period from that bid submission date. Id]
In Scotland, traditional practice is to examine (or to reserve the right to examine) the priced
documentsof the three lowest or best value tenderers, and hence also in many cases to require
submission of the priced documents at the same time as the tender, but in a separate envelope (the
"two envelope" system).
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The Tender I
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Tender Submission
28 The tenderer should complete the Form or (where alternative tenders are
requested) Forms of Tender as required and return it or them in due time in the I
envelope(s) sent out with the tender documents. Where priced documents are I
required to be submitted at the same time, these should accompany the tender
in their separate envelope, marked with the
tendering may be extended, as is stated in the
Tender, but tenders received out of time should
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Tender Compliance
preferably not less than ten workin closing date for tenders. !
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Qualified Tenders
A tenderer wh
v0=\3 nder should be given an opportunity to
roduce a compliant tender, but without
uses to withdraw the qualification(s),the
of a non-compliant tender is contrary to
most cases it is impractical at that stage
be fair both to the client and to other
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tenderers. I
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Subsequent procedures
35 , In cases where criteria other than price are to be taken into account and the
assessment is one to determine best value, the evaluation of tenders against
the non-price criteria should be completed prior to examination of the priced
documents.
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36 It should be stressed that where such wider criteria hav
to the tender in question, whether in the Prelimin
Tender or otherwise, the employer should abide by
weighting or order of importance attributed to them
To do otherwise would leave the
by one or more of the unsucces
and other tenders subject to the public proc I
constitute a breach of applicable legislation.
t been successful, as
PN6 17/02) 9 I
justification. When an examination of the priced documents reveals errors or a
discrepancy between these prices and the overall tender figure, there are
several methods of dealing with the situation before the offer is accepted. This
Practice Note recommends use of one of the two straightforward procedures I
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set out below. Under the first of them (Alternative 11, correction of the overall
tender price is not permitted; under the second (Alternative 21, it is permitted.
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43 The choice as to which Alternative is to apply must be made before contractors
are invited to tender. This should be reflected by the appropriate deletion, both
in the Project information Schedule to the Preliminary
of Invitation to Tender. i
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44 Alternative 1 may be inconsistent with a
considered appropriate in two-stage
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Alternative 2 is open to abuse if not
Footnote [e] Under Scottish procedurewhere the priced documents for the three lowest or best value tehders are
examined, the processes will of course take place in parallel.
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all the alterations in a letter. If in the latter case his revised tender is then
recommended for acceptance, a copy of the letter should be attached to the
tender acceptance letter or form before that acceptance is sent or
communicated in any way to the tenderer; the acceptance letter or form itself
should record clearly that the amended tender figure and rates in the tenderer's
letter are substituted for those in the original tender.
Recommendation
PN6 (7/02)
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I Two-Stage Tendering
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documentation ecialist sub-contractors. The
contract award
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Appendix A
JCT Model Form of Preliminary Enquiry
for Main Contract Works - Enquiry Letter
Notes on completion
Dear
Project title:
Employer:
2 If a material element of Contractor's design is required, appropriate assurances shquld be given in the
Preliminary Enquiry and/or in the Invitation to Tender as to limitations on use of the successful
tenderer's designs (unless those limitations are expressly set out in the contract conditions) and as to
the return end non-use of those submitted by unsuccessful tenderers.
PN6 17/02) 13
Appendix A
Type@
Any er' re uir ments or other matters affecting the order or methods
of wor 'ng:
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of issue of tender documents:
weeks.
14 PN6 17l02)
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Project Information Schedule
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Names and Addresses of:
Employer's Consultants:
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lbl State which JCT Form
(or, where appropriate,
SEC or other form of
contract) and which
edition or revision end
! issue is to apply, end state
also which (if any)
Contract Particulars or equivalent items for insertion in
Amendments end/or [so far as completed,l* are set out in the
Supplements [including, 1* to this Schedule.
for Northern Ireland, the
NI Adaptetion Schedule)
and which optional
clauses ere to apply.
/
~ ~~
PN6 17/02] 15
Project Information Schedule
[cl Not applicable in ICI The contract is to be executed as a deed/as a simple contract*
Scodend.
Annexure/Annexure 1* to this
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Price
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Date: 20
PN6 17/02) 17
Project Information Schedule
(It is anticipated that these details and/or e hird party rights may in
due course be incorporated in the Append Forms of Contract.)
2 Additional Criteria I
Approach , Resources . .
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- culture - on-site facilities
- method stateme - personnel (general)
- programme - personnel (designated)
- mobilisation peri - financial
Technical
- design capabilities
- quality inspection capabilities
Design and Build only
- aesthetics
- functional requirements
- life cycle costs
- flexibility in use
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I Appendix A
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Questionnaire
See Note below. In respect of the Project identified in this Preliminary Enquiry, please indicate
the following:
Note This questionnaire can (and should1 be adapted as necessary, both with regard to any non-price
criteria to be used in assessina tenders and otherwise to meet the particular circumstances (see, for
example, the examples of other criteria for tender assessment set out in Note 2 to the Project
Information Schedule). As regards assessments against non-price criteria, see paragraphs 18-21 and
35-37 of the Practice Note.
PN6 (7/021 19
Appendix B
JCT Model Form of Invitation to Tender
for Main Contract Works
Notes on completion
To:
See Note 1 below. You are invited to provide a tender for the WO
documents:*
0 Specification, Schedule
Quantities*;
0 Employer's Requirements*;
Gt
procedure will be conducted in accordance with the principles
Practice Note 6 - Main Contract Tendering. The employer
Se Note be ght to postpone the closing date for bids and to accept any
der or no tender at all. No tendering expenses will be payable.
ned by or on behalf of
Signature:
Position: Date:
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Appendix B
Please note:
0 Drawings and details may be inspected at:
2 The other Conditions of Contract referred to here include ative clauses and
optional clauses, any changes to the Contract F
requirements specified, together with the completed A or completed list of
equivalent items forming the Annexure (or Ann
and Northern Ireland, reference also should be
Schedule.)
H any required details were not supplied t o te 1 Preliminary Enquiry and Its
Project Information Schedule (e.g. as to mpletion, Collateral Wananties
or other matters that then remained t o any subsequent change in
those details, prospective tenderers sh tion t o Tender, if not before.
3 These may include, for example, (in he Contract Sum Analysis and (in
other cases) collateral
PN6 17/02) 21 II
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Appendix C
JCT Model Form of Tender
for Main Contract Works I
Notes on completion
See Note 1 below. Reference No:
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Ani\
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This list should be We have examined the follo I ocume s:
conformed with the
Invitation to Tender, prior
to issue to tenderers. 0 Drawings liste in nvita . n to I
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0 Specification, Sche*s of-rk o m s of Quantities/Approximate
Quantities;
TheJcTF
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$~&sfo~lows:
Plan;
@
( -)&red to above;
VAT chargeable
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Appendix C
Delete if not appliceble. For the purposes of the guarantee requirements mentioned in the Project
Information Schedule to the Preliminary Enquiry, our parent company (if any)
is
(Registered No. ) whose registered office is at:
This tender remains open ays from the latest date fixed
for the submissi
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/ received by at
day of 20 -
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! Appendix C
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Not838 1 Where alternativetenders are required a separate form of tender should be used for each tender. The
form of tender must indicate clearly the nature of the alternativetender.
2 In a two-stagetendering process there should be substituted for this paragraph a paragraph in terms
similar to the following:
"We offer to enter into second stage negotiationson the basis of the enclosed priced tender
documents [and the first stage tender sum o f f (exclusive of VAT)]. Subject to
satisfactory completion of those negotiations [the preparationof priced bills of quantities] and
agreement of a contract sum we confirm our willingness to execute
to do so on the basis of the contract form and other conditions refer
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Standard Forms of Building Contract
1998 Editions
Series 2
Practice Note 6
Main Contract Tendering P(
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