Procurement Systems




“The organisational structure adopted by the client for the
management of the design and construction of a building
project”
       Masterman, An introduction to building procurement systems.




PROCUREMENT OPTIONS
The need for different procurement routes



     Differing project objectives
      Time, Cost and Quality aims
     Differing clients
      Degree of involvement, risk attitudes, experience
     Operating in a changing environment
      Political, economic, legal etc…
     No single route will suit all circumstances



PROCUREMENT OPTIONS
The key variables in the procurement process

      Design control
       Who employs/directs the designers?
       Usually a choice between client & contractor
      Constructors’ involvement
       When do you employ the contractors?
       Usual choice is between when outline design is complete or
       when design is finally complete
       Contract to construct or to manage construction?
       Who employs the subcontractors?


PROCUREMENT OPTIONS
The key variables in the procurement process

      Team selection
       Competition or negotiation for selection?
       Open or selected tendering?
      Paying for the construction
       Pay on “Price” or “Cost”?
       Price – contractor tenders to do work for a total amount =
       estimated costs + profit + overheads +/- risk adjustments
       Cost – contractor tenders to do the work for actual costs
       (calculated as work proceeds) + allowance for profit etc…
       Pay in timed instalments or on completion of stages?

PROCUREMENT OPTIONS
The key variables in the procurement process


      Form of contract used
       Contracts specify obligations of parties to one another –
       client & designers, client & contractor, contractor &
       subcontractor etc…
       Main variation in client/contractor contract
       Main choice influenced by basic procurement route used
       “Standard” forms exist for most routes e.g. JCT Forms
       Modification of contracts is common to suit “strong”
       party’s requirements


PROCUREMENT OPTIONS
The available routes

     The range of options
      In excess of 100 recognised variants
      In fact permutations are infinite
      Better to treat options as lying on continuous spectra of
      the procurement variables
     The most common routes
      Four systems dominated the UK industry in recent times
      Traditional, Design & Build, Management Contracting &
      Construction Management


PROCUREMENT OPTIONS
The “Traditional” or conventional route


     The process
      Client employs designers to produce complete design
      Contractor tenders on PRICE after design complete
      Tenders sought typically on competitive, selected basis
      Often lowest price wins
      Winning contractor carries out construction through
      employed sub-contractors
      Client pays price in monthly instalments based on amount
      of work done


PROCUREMENT OPTIONS
The “Traditional” or conventional route

     Advantages
      Client retains good control of design process
      Widely used - all parties understand roles etc…
      Fairly even split of financial risk between main parties
      Cost “certain” after tender and tenders easily comparable
     Disadvantages
      Slow because design and construction sequential
      Contractor’s expertise not used in design
      Creates “sides” – potential for adversarial attitudes, conflict

PROCUREMENT OPTIONS
The “Traditional” or conventional route


     Variants
      Subcontractors may be “nominated” – specified by client –
      potential for divided loyalties, blurs responsibilities
      “Accelerated” – tenders sought on outline design – may be
      quicker but cost certainty lost, time pressures on design etc




PROCUREMENT OPTIONS
The design & build route


     The process
      Client employs designers to produce outline design
      Contractor tenders PRICE to complete design and perform
      construction
      Tendering usually competitive & selected & best “overall
      submission” should win – price, design, programme etc…
      Winning contractor carries out design and construction
      through employed design consultants and sub-contractors
      Client pays price in monthly instalments as traditional
      Significant shift in risk to contractor c.f. Traditional

PROCUREMENT OPTIONS
The design & build route

     Advantages
      Design & construction overlapped – rapid procurement
      Contractor’s expertise influences design – cost savings
      Early cost “certainty” possible
      Client has single point of contact with team
     Disadvantages
      Client relinquishes control over design – quality problems?
      Client changes difficult after contract let
      Adversarial attitudes remain, perhaps worse than traditional

PROCUREMENT OPTIONS
The design & build route

     Variants
      Client may require contractor to employ same design team
      as client employed – “Novation” – potential conflict of
      interest, blurs responsibility, authority etc…
      Tenders may be sought on “Guaranteed Maximum Price”
      basis – redistributes risk as savings may be split between
      parties. Arriving at the right “Maximum” is the key issue.
      Most extreme form – “Package” or “Turnkey” – approach.
      Contractor provides full service – ALL design, even
      finding site, finance etc in some cases.



PROCUREMENT OPTIONS
The management contracting route

     The process
      Client employs designers to produce outline design
      Contractor tenders on estimated COST to perform
      construction + fee to manage process
      Tendering usually competitive & selected
      Best “overall submission” should win – fee, management,
      programme, track record etc…
      Winning contractor joins team – advises designers in
      completion of design, organises construction in parallel by
      employing “works package contractors”
      Client pays COST of packages + fee on monthly basis
PROCUREMENT OPTIONS
The management contracting route

     Advantages
      Design & construction overlapped – rapid procurement
      Contractor’s expertise influences design – cost savings
      Contractor in team reduces adversarial nature of process
      Client retains control of design
      Late changes in design can be accommodated
     Disadvantages
      Client assumes high level of TCQ performance risk
      Client involvement high
      Possible time pressures on design
PROCUREMENT OPTIONS
The construction management route

     The process
      Same as management contracting except that client
      employs each package contractor directly
     Advantages
      Client can exercise high degree of control over entire
      procurement process
     Disadvantages
      Client share of risk is even higher than MC
      Client commitment/involvement is very high


PROCUREMENT OPTIONS
Further reading

 Many texts give general descriptions of the procurement routes
 and associated contracts as part of coverage of the industry: e.g.
 Chapters 7 & 8 of Harvey & Ashworth, The construction industry
 of GB, Newnes and Chapter 6 of Cadman & Topping, Property
 development, Spon.
 More detailed consideration of the routes can be found in:
 Masterman, An introduction to building procurement systems,
 Spon and Franks, Building procurement systems, Spon.
 Murdoch & Hughes, Construction contracts – law and
 management, Spon.As its name suggests gives an in-depth
 coverage of the legal aspects and case law etc…



PROCUREMENT OPTIONS

Procurement system

  • 1.
    Procurement Systems “The organisationalstructure adopted by the client for the management of the design and construction of a building project” Masterman, An introduction to building procurement systems. PROCUREMENT OPTIONS
  • 2.
    The need fordifferent procurement routes  Differing project objectives Time, Cost and Quality aims  Differing clients Degree of involvement, risk attitudes, experience  Operating in a changing environment Political, economic, legal etc…  No single route will suit all circumstances PROCUREMENT OPTIONS
  • 3.
    The key variablesin the procurement process  Design control Who employs/directs the designers? Usually a choice between client & contractor  Constructors’ involvement When do you employ the contractors? Usual choice is between when outline design is complete or when design is finally complete Contract to construct or to manage construction? Who employs the subcontractors? PROCUREMENT OPTIONS
  • 4.
    The key variablesin the procurement process  Team selection Competition or negotiation for selection? Open or selected tendering?  Paying for the construction Pay on “Price” or “Cost”? Price – contractor tenders to do work for a total amount = estimated costs + profit + overheads +/- risk adjustments Cost – contractor tenders to do the work for actual costs (calculated as work proceeds) + allowance for profit etc… Pay in timed instalments or on completion of stages? PROCUREMENT OPTIONS
  • 5.
    The key variablesin the procurement process  Form of contract used Contracts specify obligations of parties to one another – client & designers, client & contractor, contractor & subcontractor etc… Main variation in client/contractor contract Main choice influenced by basic procurement route used “Standard” forms exist for most routes e.g. JCT Forms Modification of contracts is common to suit “strong” party’s requirements PROCUREMENT OPTIONS
  • 6.
    The available routes  The range of options In excess of 100 recognised variants In fact permutations are infinite Better to treat options as lying on continuous spectra of the procurement variables  The most common routes Four systems dominated the UK industry in recent times Traditional, Design & Build, Management Contracting & Construction Management PROCUREMENT OPTIONS
  • 7.
    The “Traditional” orconventional route  The process Client employs designers to produce complete design Contractor tenders on PRICE after design complete Tenders sought typically on competitive, selected basis Often lowest price wins Winning contractor carries out construction through employed sub-contractors Client pays price in monthly instalments based on amount of work done PROCUREMENT OPTIONS
  • 8.
    The “Traditional” orconventional route  Advantages Client retains good control of design process Widely used - all parties understand roles etc… Fairly even split of financial risk between main parties Cost “certain” after tender and tenders easily comparable  Disadvantages Slow because design and construction sequential Contractor’s expertise not used in design Creates “sides” – potential for adversarial attitudes, conflict PROCUREMENT OPTIONS
  • 9.
    The “Traditional” orconventional route  Variants Subcontractors may be “nominated” – specified by client – potential for divided loyalties, blurs responsibilities “Accelerated” – tenders sought on outline design – may be quicker but cost certainty lost, time pressures on design etc PROCUREMENT OPTIONS
  • 10.
    The design &build route  The process Client employs designers to produce outline design Contractor tenders PRICE to complete design and perform construction Tendering usually competitive & selected & best “overall submission” should win – price, design, programme etc… Winning contractor carries out design and construction through employed design consultants and sub-contractors Client pays price in monthly instalments as traditional Significant shift in risk to contractor c.f. Traditional PROCUREMENT OPTIONS
  • 11.
    The design &build route  Advantages Design & construction overlapped – rapid procurement Contractor’s expertise influences design – cost savings Early cost “certainty” possible Client has single point of contact with team  Disadvantages Client relinquishes control over design – quality problems? Client changes difficult after contract let Adversarial attitudes remain, perhaps worse than traditional PROCUREMENT OPTIONS
  • 12.
    The design &build route  Variants Client may require contractor to employ same design team as client employed – “Novation” – potential conflict of interest, blurs responsibility, authority etc… Tenders may be sought on “Guaranteed Maximum Price” basis – redistributes risk as savings may be split between parties. Arriving at the right “Maximum” is the key issue. Most extreme form – “Package” or “Turnkey” – approach. Contractor provides full service – ALL design, even finding site, finance etc in some cases. PROCUREMENT OPTIONS
  • 13.
    The management contractingroute  The process Client employs designers to produce outline design Contractor tenders on estimated COST to perform construction + fee to manage process Tendering usually competitive & selected Best “overall submission” should win – fee, management, programme, track record etc… Winning contractor joins team – advises designers in completion of design, organises construction in parallel by employing “works package contractors” Client pays COST of packages + fee on monthly basis PROCUREMENT OPTIONS
  • 14.
    The management contractingroute  Advantages Design & construction overlapped – rapid procurement Contractor’s expertise influences design – cost savings Contractor in team reduces adversarial nature of process Client retains control of design Late changes in design can be accommodated  Disadvantages Client assumes high level of TCQ performance risk Client involvement high Possible time pressures on design PROCUREMENT OPTIONS
  • 15.
    The construction managementroute  The process Same as management contracting except that client employs each package contractor directly  Advantages Client can exercise high degree of control over entire procurement process  Disadvantages Client share of risk is even higher than MC Client commitment/involvement is very high PROCUREMENT OPTIONS
  • 16.
    Further reading Manytexts give general descriptions of the procurement routes and associated contracts as part of coverage of the industry: e.g. Chapters 7 & 8 of Harvey & Ashworth, The construction industry of GB, Newnes and Chapter 6 of Cadman & Topping, Property development, Spon. More detailed consideration of the routes can be found in: Masterman, An introduction to building procurement systems, Spon and Franks, Building procurement systems, Spon. Murdoch & Hughes, Construction contracts – law and management, Spon.As its name suggests gives an in-depth coverage of the legal aspects and case law etc… PROCUREMENT OPTIONS