Two stage tenders: a means of managing risk for contractors? | Brodies LLP (2024)

A recent report issued by The Confederation of British Industrylooks at the reasons why the average margins of the largest construction firms are 'in the red' and why construction is one of the hardest hit sectors when it comes to insolvency.

CBI suggests "intelligent procurement" is imperative, with multiple stage procurement routes, such as two stage tendering, being advocated as a means of managing cost risks in construction projects and putting contractors back on a stable footing.

The report recommends that the use of single stage procurement should be discouraged in projects valued at £10m and more.

What is two stage tendering?

Two stage tendering is typically used for design and build projects and involves engaging a contractor at a much earlier stage of a project.

Stage 1: the employer tenders the project on the basis of an incomplete design, price and programme prepared by the employer's professional team. The successful contractor is then often engaged under a pre-construction services agreement (PCSA).

Stage 2: the relationship between the employer and the contractor is governed by the PCSA, under which the contractor will usually assist in the design process and advise on a wide range of matters including, for example; buildability, programming, construction risk, works packages, interface issues and the use of specialist contractors. The second stage usually ends with the contractor being engaged under a build contract.

What are the benefits of two stage tendering?

Greater cost certainty, as contractors are able to price a project with an informed understanding of it. This can also potentially lead to cost savings for the employer.

Reduced risk of delay, as the contractor is given greater opportunity to feed into the programme.

Increased contractor involvement in design, which can potentially lead to innovative design developments and reduce construction risks.

Better integration between the contractor and the design team through early involvement.

What are the negatives of two stage tendering?

The two stage tendering process may be more time consuming and this may not be appealing to employers with a tight development programme.

The preferred contractor may not price as competitively as it would have if there was a single stage tender process _ this may lead to a sharp escalation in pricing.

Negotiations may become more protracted during the second stage.

Whilst two stage tendering is not uncommon in the industry for larger, higher value, projects, it will be interesting to see if the advocating of this procurement method, along with the desire in the sector to mitigate the risks of further contractor insolvency, results in an increase in its adoption across projects of varying scale, complexity and value.

Two stage tenders: a means of managing risk for contractors? | Brodies LLP (2024)

FAQs

What is the purpose of two stage tendering? ›

Two-stage tendering involves an initial information stage, facilitating early collaboration between client and contractor. For most projects, and especially for those that are more complex, it is useful to obtain input before there is sufficient information available for the main contract.

What are the disadvantages of two stage tendering? ›

Disadvantages of the two-stage tendering process: Extended procurement lead-time due to two stage submission process. Second stage negotiations with the highest ranked bidder could prove difficult and protracted. There is risk of price escalation, and negotiations becoming adversarial in the second stage.

What is the two stage bidding process? ›

Two-Stage Bidding Procedure

Bidders first submit their technical proposals, in accordance with the specifications, but without prices. The technical proposals are opened at the date and time advised in the bidding document. The technical proposals are evaluated and discussed with the bidders.

What is the difference between 1 stage and 2 stage tendering? ›

Two stage-tendering is a way of procuring goods or services that involves two-stages of appointment. Traditionally, tendering involves just one stage, in which a tenderer is selected and appointed to carry out all of the works required.

What are the advantages of two stage selective tendering? ›

Advantages of Two Stage Selective Tender to the Client

Cost Efficiency: Clients can work with contractors in the second stage to refine designs and consider cost-saving options, potentially reducing the overall project cost.

What is an example of a two stage tender? ›

Scenario: Two - Stage Tendering

An example would be where there are specific risks associated with the site access and the contractor's expertise is required to develop the most efficient construction methodology and associated design.

What are the advantages of two stage design and build? ›

The two-stage procurement process promotes collaborative working and significantly de-risks the project for all stakeholders, providing greater cost and programme certainty as the design has been fully developed collaboratively between all parties.

What are the disadvantages of tender? ›

1️⃣ High competition: One of the main drawbacks of tenders in India is the intense competition amongst bidders. This can make it challenging to secure a contract, especially for smaller construction firms. 2️⃣ Lengthy procurement process: Tenders in India often involve a lengthy and complex procurement process.

What are the stages of tendering? ›

Tenders are usually conducted in four stages: Prequalification; the issue of tender documents; receipt and review of tenders; award of contract.

What is a two stage contract? ›

Two-stage contracting involves an initial pre-construction stage in which basic design is prepared or further developed (if not already existing), some procurement may be undertaken and open-book pricing is further developed.

What are the advantages and disadvantages of negotiated tendering? ›

Negotiated procurement is a procurement method that can be advantageous in certain situations. It allows project owners to select contractors with unique expertise, customize contract terms, and encourage collaboration. However, it may also result in higher costs and be less transparent than competitive bidding.

Which type of tender is most commonly used? ›

An open tender is the most commonly used tendering procedure by government bodies. If the buyer has a requirement, he publishes the tender to the market with the requirement of the goods/services, the scope of work, a specific budget, qualification criteria, and so on.

What is management contracting procurement method? ›

Rather than simply procuring one Main Contractor as under the traditional approach, with Management Contracting, the Client 100% subcontracts the works themselves, albeit under the advice and guidance of the Management Contractor.

What does tender stage mean in construction? ›

Tendering in the construction industry is the process of requesting and receiving a price for a specific scope of work. The tendering process helps ensure true competition based on the same selection criteria.

What is the tendering phase of project management? ›

The tender process requires careful planning and attention to detail, as the client needs to ensure that the chosen supplier can deliver results that meet the client's expectations. In addition, the tender process involves evaluating the financial and technical aspects of the bids, which can be complex.

What is the primary goal of the tender process? ›

One of the primary advantages of the tendering process is its ability to foster fair competition among suppliers. By issuing a tender, organizations open up the opportunity for multiple suppliers to bid for the contract, ensuring that the selection is not biased toward any particular company.

What is the purpose of tender evaluation? ›

It is the process where the MOD evaluates the tenders received against the stated evaluation criteria. The purpose of the tender evaluation is to identify the tender offering the best Value for Money (VFM) solution to the MOD, and the tenderer to whom award the contract.

What is 2 stage RFQ? ›

The buying organization initially assesses the suppliers to be technically qualified before their price quotes are unsealed and evaluated. This ensures no bias in awarding the contract. The two-stage RFQ process involves the submission by the suppliers of a technical quote and a commercial quote.

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