This guide provides an overview of EU public procurement rules. These are EU rules that require the publication and tendering of works, goods or service contracts by public authorities and certain supply companies. The YCW contract is available in two variants. The «General Contractor» form is used to mandate a prime contractor to perform prefabrication services. The «Specialist» version is appropriate if an employer or contractor intends to hire a consultant or subcontractor. If the contractor is required to execute designs under the BCCP, the contractor has no planning responsibility unless the construction contract is entered into. Employers may also question the lack of provisions on third party rights or collateral guarantees. The YCW considers that the construction contract will address them on both of these issues, and if it is not concluded, they are less relevant. Pre-construction service contracts (PCSAs), sometimes referred to as pre-contractual service contracts, allow clients to employ contractors prior to the start of the main construction contract. The contractor engaged under the PCSA is not necessarily designated for the second stage work contract. However, the client inevitably loses influence in the second phase of the bidding process, as the contractor is integrated into the team and potential competitors lose interest once they discover that another contractor has been awarded the contract for the first tender. Inevitably, there will be projects where a two-stage tender is inappropriate. While the guidelines state that it can be adapted to a construction management structure, the need for a rod phase could hinder the goal of this procurement strategy to get the work in place and get it up and running quickly.
Similarly, for projects where employers have a completed design and are well positioned to identify potential risk areas, employers can accurately predict the expected contract amount without having to spend time and cost on a two-stage tender. The CAAP defines the services required by the contractor in the rod construction phase and generally resembles a consulting contract. It should be clear whether the contractor is carrying out planning work, whether it has a design responsibility and what happens to that responsibility if it is not appointed for the second stage. It should also specify the method of payment and any provisions relating to deferred payment. The agreement covers the period from the submission of tenders in the first stage to the submission of a final tender in the second stage and the completion of a main contract for the construction phase. YCW`s Pre-Construction Services Agreement (General Contractor) is for the appointment of a contractor to perform pre-construction services through a two-stage tendering process. Elsewhere, there are standard obligations regarding competence and diligence, prohibited materials, insurance, confidentiality and collaboration with the project team. The copyright license is subject to a fee. However, the PCSA does not include pre-construction services, as these are usually project-specific and are designed to have the flexibility to work with traditional or design and construction purchases in different circumstances. One of the concerns of employers about construction time is the potential leverage available to the preferred contractor to increase the contract amount or renegotiate the terms of execution of the work. To remedy this, the parties agree in the information provided by the CAAP on the criteria according to which the contractor must draw its second stage offer, including the form of the construction contract to be concluded (including any amendments). YCW`s Pre-Construction Services Agreement (Specialist) is for the appointment of a specialist to perform pre-construction services for the employer or prime contractor.
The agreement is suitable for large, complex projects and allows for the involvement and advice of a specialist before the construction phase. In this phase, with the support of the contractor and the corresponding specialists, the buyer can derive the greatest benefit from value engineering exercises. The agreement can be used if the main JCT contract is one of the following: Standard construction contract Design and construction contract Large project construction contract management Construction contract Construction contract Intermediate construction contract (with or without contractor design) It can be used whether the specialist is responsible for planning the work or not. It is appropriate whether there is an agreement between the specialist and the employer, but whether the benefit of the specialist`s offer can be attributed to the prime contractor. It is suitable for both private and public employers. It is not suitable for use between employer and prime contractor Contractor involvement in the stem phase is valuable and often essential for the final design process of a project, as well as for the preparation of the construction phase, such as the program, cost plans, constructability and special procurement. CSSPs are often used in design and construction projects to obtain early feedback from the contractor. They can also be used to obtain prefabrication services from specialists designated either by the contractor or the customer (for example. B under a construction management contract), either through private financing initiative (PFI) or public-private partnership (PPP) projects in order to obtain a contractor`s contribution for a consortium requesting a project. A thriving DIY store, as observed in 2005 and 2006, promotes two-stage tendering.
In these moments, a lack of capacity means that the most prominent entrepreneurs have the choice of projects. For more complex and faster developments, this means that many employers have to resort to two-stage tenders in order to receive valid offers. In a two-stage tender, the first phase involves the employer selecting a preferred contractor through an early tender during the design development. Bidders submit a proposal for a fixed fee for prefabrication services, a program and method statement, but instead of being a flat rate for the construction phase, it is only a bid in terms of overhead, profits and preparatory work. Once selected, the employer and the preferred contractor work together, as the latter bids for work packages at fixed-price rates. If the majority of the packages are priced, the contractor submits his offer for the second stage, and the employer decides whether or not to accept it and conclude a lump sum contract for all the work. Contractors prefer a two-stage tender because it reduces tendering costs and gives time to identify and allocate risks. Given that one might expect a resurgence of single-stage tenders in the construction slowdown, it may seem strange that the YCW is only now launching its CAAP. However, its introduction could take place in time. This is where a pre-construction service contract comes into play. It establishes the relationship between the employer and the preferred contractor for the rod construction phase, which begins with his appointment and ends with the signing of a construction contract.
The early involvement of the contractor allows him to contribute to constructability and design and to make proposals for value engineering. Tenders for construction, often open-led, will help to obtain cost certainty and determine whether it is economically advantageous for development to move forward. Mode to meet the challenge that the construction industry needs to become more circular PvT`s Pre-Construction Services Agreement (General Contractor) is designed for the appointment of a contractor to perform pre-construction services as part of a two-stage tendering process. The pre-construction services agreement allows the contractor to work with the employer or its team of consultants to develop detailed designs, develop the main contract work, or create special tender documents. The contractor`s involvement in the pre-construction phase is valuable and often essential for the final design process of a project, as well as for the preparation of the construction phase, such as the program, cost plans, constructability and any specialized procurement. The agreement covers the period from the submission of tenders in the first stage to the submission of a final tender in the second stage and the completion of a main contract for the construction phase. The agreement can be used if the main contract is one of the following: Standard Construction Contract Design and Construction Contract Large Project Construction Contract Intermediate Construction Contract (with or without contractor design) It can be used whether the contractor is responsible for planning the work or not. It can be used if special subcontracts, supply contracts or consulting contracts need to be reallocated to the contractor. It is suitable for both private and public employers. With minor adjustments, the agreement can also be used for the provision of prefabrication services by trades as part of construction management documentation.
It is not suitable for use between the employer (or prime contractor) and specialized subcontractors Unused building materials mapping tool launched Suitable for essential and complex projects, the agreement allows to involve and advise a specialist before the construction phase. .