procurements and contracts

47
Procurements and contracts CIV-E1040 Construction Management Lecture 5a Antti Peltokorpi Assistant Professor Department of Civil Engineering, Aalto University [email protected]

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Page 1: Procurements and contracts

Procurements and contracts

CIV-E1040 Construction Management

Lecture 5a

Antti PeltokorpiAssistant ProfessorDepartment of Civil Engineering, Aalto [email protected]

Page 2: Procurements and contracts

Previous lecture

• Life-cycle analysis methods: process and input-output

• Life-cycle cost analysis method

• Quality management in construction: definitions and practices

• Safety management methods and practices

Page 3: Procurements and contracts

Procurements in construction

Page 4: Procurements and contracts

Learning outcomes

“Describe role and tasks of procurement and contracts in construction”

• Procurements in construction

• Role of procurements

• Procurement types

• Relationship between delivery method and procurements

• Procurement process

• Contracts in construction

• Delivery method vs. procurements and contracts

• Competitive bidding

• Content of contracts

Page 5: Procurements and contracts

Procurement - definition

”the act of finding, acquiring, buying goods, services or works

from an external source, often via a tendering or competitive

bidding process”

-Wikipedia

Page 6: Procurements and contracts

Sourcing vs. purchasing

Page 7: Procurements and contracts

Hierarchy of procurements in construction

Owner /

Client

Designers

General

contractor

(GC)

1. Procurement of

designers and general

contractor

= Owner’s selection based

on a selected delivery

method

2. Procurement of product

parts, material, work and

services

= Mostly General

Contractor’s responsibility

during the contract period

Material

suppliers

Trade

contractors

Product

part

suppliers

Service

suppliers

Page 8: Procurements and contracts

Owner’s procurement of a general contractor

1. What project

delivery method?

2. What

procurement

method?

3. What contract

format?

Project delivery method Procurement method Contract formats

Design-Bid-Build (DBB)

Construction Management at Risk

(CMR)

Design-Build (DB)

Alliance and Integrated project

delivery (IPD)

Lifecycle delivery methods

Best Value

Low Bid

Negotiated

Qualifications-based

Sole source (direct select)

Cost Plus Fee

Guaranteed maximum price

Lump sum (fixed price)

Target price

Unit price

Page 9: Procurements and contracts

Procurements – typical division of project costs from General Contractorperspective

• Labour costs 10 %

• Material costs 35 %

• Sub-contracts 50 %

• Nominated sub-contracts 5 %

Share of procurements 80-90 %

10 M€ project

→ procurements 8 M€

→ 1 % savings = 80 k€

→ 5 % savings = 400 k€ = XX % of the GC’s own costs?

Page 10: Procurements and contracts

ABC classification of procurementsand 80/20 rule

Page 11: Procurements and contracts

Example 1: Value of procurementcategories of a Finnish Contractor

13

2.000

1.500

1.000

500

3.000

2.500

5.0

4 S

caff

old

ing &

Form

work

1.0

9 R

oad &

Gro

und M

ate

rial

5.1

0 P

rofe

ssio

nal S

erv

ice

2.0

5 I

nsula

tion &

Board

1.1

0 F

oundation W

ork

1.0

3 F

ossil

Fuels

4.0

1 D

oors

, F

ittings &

Locks

2.0

2 R

ein

forc

em

ent

2.0

8 R

oof

Covering

1.0

4 H

eavy E

quip

ment

Investm

ent

4.0

4 T

iles &

Bath

room

4.0

5 K

itchen &

White G

oods

5.0

2 C

ranes &

Aerial Lifts

5.1

2 L

ogis

tic c

ontr

acts

*

4.0

2 W

indow

s

5.1

1 I

nsura

nce

2.0

6 M

odule

s &

Wood

1.0

7 W

ate

r &

Sew

age C

ivil

Mate

rial

5.0

8 T

ravel &

Accom

modation

3.0

4 E

levato

r &

Escala

tor

1.0

2 C

em

ent

1.1

3 F

leet

Managem

ent

0

1.1

2 G

round W

ork

1.1

1 R

oad S

urf

aces

5.0

9 C

onsultants

3.0

1 E

lectr

ical In

sta

llation

2.0

4 C

oncre

te P

refa

b

2.0

1 S

teel

5.0

1 L

ight

equip

ment

3.0

3 H

eating,

Wate

r, S

ew

age &

Fire

1.0

6 L

oader

& E

xcavato

rs S

erv

ice

5.0

7 F

acili

ties M

anagem

ent

1.0

1 B

itum

en

2.0

3 C

oncre

te

1.0

5 C

onstr

uction H

aula

ge

1.0

8 B

alla

st &

Cru

shed

5.0

3 T

ools

& P

PE

3.0

2 C

oolin

g &

Ventila

tion

2.0

7 F

acades

5.0

6 I

T &

Com

munic

ation

4.0

3 F

looring &

Ceili

ng

5.0

5 W

aste

Managem

ent

4.0

7 B

uild

ers

Hard

ware

Whole

sale

rs

4.0

6 P

ain

ting &

Wall

Fin

ishin

g

80% of total spend

The top 10 categories represent some 48% of the spend and 22 categories represent 80% of the total spend

Source: Spend extracted from Oracle BI tool for 2010 including Skanska owned companies

Page 12: Procurements and contracts

Example 2: 10 biggests procurementsin a residential building project

9,8

7,4

3,6

3

2,5

2,4

2,2

2,2

2,1

2,1

0 2 4 6 8 10 12

Precast concrete elements

Plumbing

Electric work

Elevators

Screeding and paintwork

Wooden windows and balcony doors

Ventilation

Fixtures

Element assembly

Masonry work

Share %

In total, 37 % of

the on-site costs

Page 13: Procurements and contracts

Procurement types

Project specific• Engineer-to-Order, ETO

Standard• Make-to-Stock/Order

Volume items Small items

Centralized

procurements• Company’s procurement

function

• Framework agreements

Decentralized

procurements• Project organization

Materials Services / LabourProduct parts Contracts

Page 14: Procurements and contracts

Procurement strategies according to supply risk and profit impact

Supply risk

(availability)

Profit impact

(volume)

HIGH

WEAK

LOW HIGH

Bottleneck items

→ Ensure availability

Strategic items

→ Develop relationships

Non-critical items

→ Purchase efficientlyLeverage items

→ Exploit purchasing power

Source: Kraljic (1983) Purchasing Must Become Supply Management, HBR.

Page 15: Procurements and contracts

Applying procurement strategies in construction

Strategy Main tasks Example of items (depends

on project!)

Main

responsibilities

Strategic items • Detailed market

research

• Development of long-

term supply

relationships

• Make-or-buy decisions

• Precast concrete elements

• Electrical installations

• Building services

• Ground work

Purchasing department

Bottleneck

items

• Volume insurance (or

cost premium)

• Back-up plans

• Special sub-contractors (e.g. hospital

equipment, metal works)

Purchasing department

Leverage items • Vendor selection /

blanket agreements

• Product substitution

• Targeted pricing

strategies/negotiations

• Wooden windows

• Concrete

• Hollow core slabs

• Standard furniture

Purchasing department

(contracts) and project

organization (orders)

Noncritical

items

• Product standardization

• Inventory optimization

• Bulk materials• Insulators

• Nuts and bolts

• Sheets

• Screeds

Project organization

Page 16: Procurements and contracts

Relationship quality framework: It’s not just a bunch of material on site…

Source: Jelodar et al. (2016) A conceptualisation of relationship quality in construction procurement, International Journal of Project Management

Page 17: Procurements and contracts

Procurement is not just competitive bidding

Three main flows on an international contractor:

1. Make-to-Stock items

• Focus on purchasing power and efficient logistics

2. Make-to-Order/Engineered-to-Order items

• Focus on cost-effective design solutions, efficient manufacturing & installation

3. International supply chains

• Focus on headquarter’s purchasing power, shared resources, logistics

Procurement is responsible for an efficient (cost & agile) supply

chain!

Page 18: Procurements and contracts

Check-point: Which of the following statements is not correct?

• Statements:

A. In bottleneck items, it is critical to ensure availability

B. Strategic items should be procured project-by-project

C. Non-critical items should be purchased efficiently

D. In leverage items, contractor should use its purchasing power

Page 19: Procurements and contracts

Procurement process

Page 20: Procurements and contracts

Procurement process during project

• Make-or-buy decisions

• Partition of procurements into items, division of locations

(use of nomenclatures, e.g. Talo 2000 in Finland)

• Division of procurement responsibilities

• Schedule, cost estimations, logistic plans

Preparation of

procurement plan

Delivery &

evaluation

Bidding and

selection process

• Selection of bidders

• Call for bids

• Comparison and supplier selection (negotiations)

• Drawing up a contract

• Orders, acceptance, payment

• Evaluation (cost, quality, schedule) and feedback

Technical

documents

General

scheduleTarget cost

Page 21: Procurements and contracts

Strategies to divide procurements

Based on:

• Professions and trades → simple but problems in timing

because many trades work throughout the project

• Location, space (together with trades) → smaller

procurements but better timing and more small suppliers

• Completion of design (e.g. fixed part and variable inner part)

→ better information from end-users

• Small procurements improve competition but decrease

quality as integration and coordination become difficult

• Integrated procurement of design and delivery: product

parts, modules, turnkey solutions, systems…

Page 22: Procurements and contracts

Work breakdown structure (WBS)

• Which tasks or parts can be designed and/or producedindependently?

• How each task or part is related to each other; technically, functionally, timely, based on costs, responsibilities?

Page 23: Procurements and contracts

Traditional vs. modular way to workbreakdown in constructionTraditional breakdown based on trades and building

works:• Structural work – company A; Insulation – company B;

Plasterboards – company C; Filling and painting – company D;

Brickwork – company E; Plastering – company F; Electrical work

– company G…

• Plenty of prerequisites, critical pathways, coordination,

on-site work, integrated and inflexible products…

Modular breakdown structure:• Standard modules and elements which include several systems

and functions

• Standardized but loose coupling between modules

• Modules are designed and produced by a single provider

• Less coordination, more prefabrication, less project

specific design, strategy should be determined in early

phase of the project…

Page 24: Procurements and contracts

Challenge of procurement betweendetailed design and production

Page 25: Procurements and contracts

Typical timing of procurement tasks in the project lifecycle1. General

Contractor’s cost

estimation for

customer’s bidding

process

• Preparation of the

initial procurement

plan• Advance bids from

critical suppliers

• First cost

estimations

2. Preparation phase

after contract with

the customer

• Partition of the

procurements into

packages and items• Definition of

contract program

• Detailed cost

estimations

3. Detailed design

management phase

• Specifying

procurement

packages• Schedules

• Targets

• Connection to

design packages

• Responsibilities

• Start of bidding

processes

Construction

phase

Page 26: Procurements and contracts

Timing of individual procurements

1. Traditional method – backward

timing• Procurements as late as possible

• Scheduling backward from assembly work

2. Alternative method – forward

timing• Preparements and call for bids as early as possible

• Order just-in-time

• Enough time needs to be reserved for a)

bidding process, and b) detailed design before

bidding

item

item

Call for bids

Order Assembly work

Page 27: Procurements and contracts

From plan to call for bids and contract

• Content, methods, equipment

• Analysis of the potential problems

• Cost target

• Timing

• Quality requirements and quality

assurance tasks

• Demand for performance

• Contract boundaries

• Comparison of bids

• Contract and unit prices

• Schedule of the sub-contract

(start, completion, milestones,

speed of production, resource

information)

• Quality requirements and values,

quality assurance tasks,

documents

Plan of the sub-contract Call for bids and contract

Page 28: Procurements and contracts

Documents of call for bids

What should be done

and how much?

Drawings, quantity

take-offs

How to do it? What

are quality

requirements?

Specifications

Who will do it?Contract boundaries

of a building project

Documents:

What is a contract

type and its

conditions?

Contract program

piirustukset

selostukset

urakkarajaliite

urakkaohjelma

In Finnish:

Page 29: Procurements and contracts

An example of a detailed contractboundary document

▪ Each contractor purifies and primes the untreated

fasteners and brackets of his/her contract P A E AU▪ Radiators with brackets and heat pins brackets are

removed once for a job during the wall painting and

leveling workP

▪ The costs of the second removal are the responsibility

of the main contractor GC▪ All instruments, radios and equipment are delivered

pre-painted P A AU▪ Instruments and equipment are immediately marked

after finishing the paintwork P A E AU▪ All paintings of visible steel and copper pipes in

accordance with the painting proposal CG

Painting works (painting included in general contractor’s works)

Page 30: Procurements and contracts

Supplier selection process

• Supplier selection is typically made based on

• Comparison of bids (open or limited process)

• Negotiations

• Design competition (e.g. public buildings)

• Other information (experience, feedback, credit ratings…)

… or mix of those

Page 31: Procurements and contracts

Selection criteria

• Public procurements

• Total economic affordability (can be almost anything!)

• Lowest price

• Innovativeness

• Other procurements

• Price

• Quality

• Technical capacity (size, personnel, references, equipment…)

• Economic capacity (credit ratings, taxes, insurances, collaterals…)

• Schedule applicability

• Experience & feedback from others

Page 32: Procurements and contracts

Selection criteria preferences

Source: D. Singh and R. Tiong (2006) Contractor Selection Criteria:

Investigation of Opinions of Singapore Construction Practitioners, J.

Constr. Eng. Manage., 2006, 132(9): 998-1008.

0% 50% 100%

Lowest price

Second lowest price

Familiarity

Quality requirements

Specific capability

Schedule adaptability

Organized company

Feedback from others

Criteria for selection

Source: Tuomas Särkilahti (1996)

Page 33: Procurements and contracts

Check-point: Which of the following statements is not correct?

• Statements:

A. Trade-based division of procurement may lead problems in

timing because many trades work throughout the project

B. Modular breakdown structure enables using standardized

elements which include several systems and functions

C. In backward timing, preparements and calls for bids are made

as early as possible

D. Specifications define how the procured work has to be done

Page 34: Procurements and contracts

From procurement to supplier management and development

Page 35: Procurements and contracts

Supplier evaluation and development: Role of suppliers

Districts

Suppliers

Projects

Region

BU

Nordic

•Site teams

•Project purchasers

•Local mgt teams

•Purchasers

•BU Head of procurement

•Category teams and analysts

•BU steering groups

•Nordic Sourcing

•Supplier Mgt

•Competence Mgt

•Sourcing Board

•NBUP

• Targets and demands

• Common way of working

• Sourcing strategies

• Requirements and needs

• Purchasing plans

• Call-offs

• Performance evaluation

• Project purchases

• Feedback

Page 36: Procurements and contracts

Supplier Management - Preferred supplier program

On-site

performance

evaluation

– Assess actual

supplier project

performance in

a fact based

manner

Pre-qualification

– Secure basic

requirements before

negotiations of entire

supply base

Supplier development

-Segment the supplier

base and support

prioritized suppliers to

develop

1 2

3

Handle

risk

Improve

performance

Reduce

cost

Page 37: Procurements and contracts

Company A

Page 38: Procurements and contracts

Contracts in construction

Page 39: Procurements and contracts

Engineering approach to contracts

• How to manage with contracts?

• How contract can support project delivery and value?

• How to avoid disagreements?

• How to interpret contracts?

Page 40: Procurements and contracts

What is a contract?

• Contract as an expression of intent

• Tender → response

• Provides predictability into cooperation between parties

• Parties’ responsibilities defined by the conditions of the

contract

• Contract is not same as contract document!

• Responsibilities can be based also e.g. on given spokeninformation

Page 41: Procurements and contracts

System environment of procurementsand contracts

Individual

procurement

and contract

Laws and regulations

- National and EU-level regulations of public

procurements (Threshold value in construction 150 k€)

- Consumer protection law

Field specific agreements

- General conditions for building contracts

(YSE 1998), building products (RYHT

2000), and consultation (KSE 2013)

Norms and practices

- Quality requirements (RYL)

- Nomenclatures (e.g. Talo 2000)

- Contract templates

Page 42: Procurements and contracts

If you just want to workin Finnish constructionsector, get to know YSE 1998 (19 pages) ...

…but don’t let it to limityour imagination and growth!

Page 43: Procurements and contracts

General conditions for buildingcontracts (YSE 1998)

• Developed in the industry; balance between parties

• Shape practices in the industry (good and bad!)

• Increase time and resource efficiency as many parts of the

contract are ready

• Reference to YSE

• Understanding interpretation practices is needed to avoid

conflicts

• DANGER: Don’t trust too much on a ready paper!

Page 44: Procurements and contracts

Content of YSE 1998 - I

• Contractor’s obligations to render services

• Principal and further obligations, site services, site management duties

• Work progress and cooperation

• Schedule, site arrangements, co-operation, client’s obligation to collaborate

• Quality assurance

• Client’s quality assurance, contractor’s quality assurance, contractor’s quality control

• Contract documents

• Order of validity of contract documents, observing good building practice

• Period of building contract

• Completion time, penalty delay, legitimate grounds for extending contract period (client’s obligations, force majeure, calculating the extension, limiting delay, procedure to negotiate)

• Contractor’s liabilities

• Liability for defects in the finished result, product liability, liability during and after guarantee period, contractor’s obligation to notify

• Client’s liabilities

• Obligation to collaborate, liability for delay caused by client

Page 45: Procurements and contracts

Content of YSE 1998 - II

• Surety and insurance

• Obligation to pay

• Payment of contract price, penalty interest, withholding

• Plan modification and price changes

• Obligation to carry out modifications, effect of plan modification on contract price and period, additional work, cost price, effect of index

• Title/ownership and risk of damages

• Organization

• Management (mgmt by contractor, health and safety), supervision (client representatives, supervisors), effect of supervision on liability

• Joint meetings and proceedings

• Reviews, site meetings, measurements, inspections (also required by law)

• Handover

• Work completion inspection, handover inspection of building, settlement of accounts, guarantee inspection

• Record keeping

• Termination and transfer of contract

• Disagreements and their resolution

• Disputed work, right to correct contractor’s neglect, resolving disputes

Page 46: Procurements and contracts

Summary of the contracts

• Every country has its own system environment

• Role of laws, agreements, norms and practices

• Public procurement

• In Finland, KSE to guidance designers contracts, YSE for contractors

• Modified contract forms used in collaborative delivery

methods

• New YSE for Alliance projects

Page 47: Procurements and contracts

Summary of the lecture

“Describe role and tasks of procurement and contracts in construction”

• Procurements in construction

• Role of procurements

• Procurement types

• Relationship between delivery method and procurements

• Procurement process

• Contracts in construction

• Delivery method vs. procurements and contracts

• Competitive bidding

• Content of contracts