Heriot-Watt University School of the Built Environment
BSc Architectural Engineering
BSc Building Surveying
BSc Construction Project Management
BSc Quantity Surveying
PROCUREMENT & CONTRACTS (D39PZ)
ALP ONLY COURSEWORK (2013/2014)
CourseSEMESTER 2: Leader: Dr. Roshani Palliyaguru ASSESSMENT BRIEF
This course is assessed by Coursework (100%)
This assessment contains TWO sections (TASKS) of procurement and contracts. Students should work individually in each section. Each section contributes 50% of the marks. Submission Deadline:
The full report including total should be handed in electronically through Vision and by Turnitin by:TASK 1 and TASK 2 as 1 document not exceeding 3500 words in
Issued: Week 1 (6th of January 2014)
SubmittedSingle Semester Delivery:: by 2.00 pm UK time Friday of week 12 Semester 2 - Friday 4th April 2014
Triple Semester Delivery : FromTo Friday of Week 5 Semester Friday of Week 12 Semester 1 1 Friday Friday 175th December 2014th October 2014
Learning outcomes of the coursework
The purpose of this assessment is to enable students to achieve the learning outcomes of the course as stated in the course descriptor and to assess students’ performance in terms of the following learning outcomes:
x Ability characteristics and project requirementsto determine the suitability of a procurement route to a given client’s
x Appreciate the risks applicable to Client and Contractor in procurement
x Understand key processes used to administer a contract during the post-
x Ability to interpret and apply the conditions of a standarcontract stage of the project life cycle d form of construction
contract
x Ability to research and prepare coursework assignments working autonomously x Ability to express recommendations to a business audience clearly and concisely
TASK 1
1.1 Scenario Outline
The ScotlandEdinburgh . They create highEducation -quality Academyeducation experience for childre is a privately owned Education n range from the age of 5provider within the
to 18. The Edinburgh education Academy affirmed its decision to undertake £32 million worth of construction work to revamp and extend its existing campus in Edinburgh.
The Edinburgh Education Academy is not experienced in new construction or renovation of existing buildings. Their core business is the delivery of high quality independent education.
Theyyears to compliment the current day time education provision. It also aims to mov aim to upgrade their current facilities and introduce a new nursery provision from 2 to 5 e into the
boarding sector rather than continuing with the current day school that it runs.
The client is very passionate about the aesthetics and quality of their facilities. A summary of the tentative plan for the proposed project is as follows:
Main building Renovation/ Redevelopment:
The proposed redevelopment/renovation of the existing main school building will occupy the
first must be completed outside of the school term timestwo levels of the main building. These works can be completed in phases. The whole main building renovation and as all the work
redevelopment is required to be handed over to the client by 1st August 2017. The planned start date on site is 1st August 2014.
The proposed redevelopment / renovation works include
x Renovation to: sports centre and construction of a new swimming pool complex.
x Refurbishment of existing library and construction of a new IT suite
x Refurbishment of the existing dining hall and kitchen facilities
xx ExtensionNew outdoors to existingsports cpitchar park facilitates
x New adventure playground
New Purpose Built Nursery Building:
The proposed purpose built nursery has a critical time requirement. Therefore, the priority should be given to rapid construction of the following nursery facilities within a short period
of time:
o Four modern classrooms, space for morning and after school clubs.
o Flexible inside space including a large flexible vestibule area for small music or story groups, music and movement, and special art projects and dividing classroom walls that can slide back to merge two classrooms together.
o Secure external play area with space for fruit trees and a vegetable garden as well as landscaped gardens and car park.
Construction of the proposed purpose built nursery is expected to start in June 2015 and the planned opening is scheduled on 1st August 2016.
New Purpose Built Dormitories for Boarding Pupils
The proposed purpose built dormitories has a critical time requirement. Therefore, the priority should be given to rapid construction of the following new purpose built dormitories for boarding pupils within a short period of time:
x Construction of 4or house mistress with their family., 3 storey boarding houses, with accommodation for a house master
x Each house must accommodate 20 pupils and include: Lounges, kitchens, games rooms and prep rooms as well as dormitories.
xx Communal outFoot and cycle pdoaths to the main junior and senor space and gardens ior buildings on campus
Construction of the proposed purpose built st dormitories is expected to start in June 2015 and the planned opening is scheduled on 1 August 2016.
1.2 Other key issues
x The Client is highly concerned about possible overrun of costs beyond their budgeted allowances. Therefore, price certainty is very important.
x The quality of the buildings is very important to the Client; they want to
achieve a carbon neutral building and sustainable products and services to be incorporated into the scheme wherever possible as they are concerned
about achieving a building with a long life cycle.
1.3 Requirements of task 1
Assume that you have been appointed as the main consultant to the Client of the above
described project. As a part of your role, you are now required to prepare a report to Client to advice on the most appropriate procurement route for the proposed project. The the
report should address the following issues:
1. Analysis of the key procurement issues that the Client has to consider in selecting an appropriate procurement route for the project. This should include a review of Client’s objectives for the development project as described above. Please ensure you clearly identify any assumptions that you have made.
2. A comprehensive appraisal of potential procurement routes for the construction of the proposed project along with recommendations for an appropriate procurement route, giving reasons for choice.
1.4 Submission requirements of task 1
x Students shall work individually.
x The report should be your own work. You are particularly reminded not to regurgitate the coursework brief within the report.
x The assignment is to be submitted in report format and as such should have a formal structure and layout. It should be presented as a professional electronic document.
x The report should not exceed 1,500 words.
x Task 1 will carry 50% of the marks for the above course.
x The submission deadline. Turnitin will be used to check the originality of the report.assignment must be submitted ONLY through Turnitin on or before the above
x All students should be aware on the School’s policy on plagiarism, collusion, late submission and special circumstances.
x All preparation submissions of the shall project. have a Students bibliography must of use references British Standard and sources on the used Harvard in the
referencing system when citing literature sources.
x All submissions should have a cover sheet identifying the course, the date and the
student’s sequence; Vision/organisations/School of the Built Ename, the standard cover sheet can nvironment/forms/cover sheetbe accessed from following .this
x All students should refer to section IX. Why use turnitin?

1.5 Assessment criteria of task 1
You are advised to consider the assessment criteria and ensure that these areas are covered in your report. Assessment grading will be according to the following criteria:
Criteria Marks
Remarks
a) Introduction and critical analysis of the scenario 25% Analysis of the scenario. This should include a critical
project and key procurement issues procurement route for the project.
evaluatio n of Client’s objectives for the that the Client has to consider in selecting an appropriate
b) Appraisal of the procurement routes and
selection criteria 40% Analysis of suitability of various procurement routes for the proposed project in relation to the client’s objectives and other pertaining procurement issues
c) Proposed procurement option for the case study and justification 15% Analysis of the best procurement option
d) Presentation of report 10%
Presentation means clearly and neatly presented material with good use of English, layout, clear and logical structure, visual presentation, and clarity of expression. Any written work should read well and be concise as well as logical. Spelling should be accurate and the overall appearance, including any graphical material, should be of good quality to a professional standard.
e) Additional reading demonstrated to show deep knowledge and understanding 5% Additional background and supplementary reading should be undertaken and incorporated into the work.
f) Referencing and supporting published material 5% The report should contain references to relevant published material which underpins the work. Correct use of British Standard on the Harvard referencing system when citing literature sources is rewarded.
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Executive??e. Client's risk appetite f. Building complexity 3a. Managing constructing . Management routes b. Construction management
1.6 Grade descriptors (Task 1)
Grade Submitted work addresses coursework task Standard and Academic Rigour of work submitted
Presentation of material
(Criteria d)
(10 marks) Additional reading demonstrated to show deep
knowledge and
understanding
(Criteria e)
(5 marks) Referencing and supporting published
material
(Criteria f)
(5 marks)
Criteria
(a)
(5
marks) Criteria
(b)
(5
marks) Criteria
(c)
(5
marks) Criteria (a)
(20 marks) Criteria (b)
(35 marks) Criteria (c)
(10 marks)
A
70 –
100%
Fulfils all tasks required for the assignment. Work is of an excellent standard and has academic rigour. There will be an extensive use and application of key principles. There will be a very high degree of comprehensive examination of key issues, reflecting the intricacy of the construction project and processes and the creativity to see imaginative solutions. Material is presented in a professional manner, following clear and logical structure Clear evidence that background and supplementary reading has been undertaken and incorporated. Contains references to relevant published material which underpins the work.
B
60 – 69%
Completed all tasks required for the assignment. Work generally is of a high standard but lacks academic rigour. In the main it will show a high level and depth of analysis and criticality and application of key principles to a given case study. It will be confidently and clearly written
and will therefore display a deep and thorough understanding of the key issues. Presentation of material could be improved as it is not to a high professional standard. There is minimum evidence of background and supplementary reading being completed. Contains some references but they are not specifically related to the work submitted.
C
50 – 59%
Completed some but not all of the tasks required by the assignment to a satisfactory level. Work is of a good standard – satisfying the level for the degree. Submissions will tend to be solid pieces of work, which addresses the task(s), evidences understanding with the main subject areas and implementation of the key principles. There is room for improvement on the above issues, the focus on the remit, and full explanation. The material is not presented to a high standard. Unclear structure. Limited logic in contents provided. Little evidence of background and supplementary reading shown. Reference material is limited and is not specifically detailed to relate it to the topic and/or the reason for inclusion is not explicit.
D
40 – 49% Only parts of the assignment task are addressed in this submission. Work is of a basic quality with substantial weaknesses. A weak answer which shows basic understanding but constitutes no danger to procurement practice.
Work is to a basic standard. Little evidence of content structure considered. No evidence of background or supplementary reading shown Superficial and descriptive text is provided with limited analysis and referencing.
E
35 – 39% Only parts of the assignment task are addressed in this submission. Work is of a below standard level with poor demonstration of task requirements. Work is presented to a poor standard with no logical structure. No evidence of background or supplementary reading shown. References are very weak.
FAIL
Less than
35% Work is not adequate to gain credit recognition. The tasks required by the assignment have not been addressed. Answer is very poor which shows that the student does not understand the question.
Work is poorly structured and presented. Work is not at the academic level required for this level of study. Inclusion and discussion of references material is very poor.
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Largest of their kind
TASK 2 -knowledge in their area of business they are more resourceful (lawyer, accountant etc...) and good
2.1 Scenario outline - their branding is very important to them
“Heritage Art” is one of the UK’s largest Art Gallery providers who is the Employer (Client) of Pre an on -going refurbishment project in London, UK. The project involves the renovation and contract construction of a new extension to an existing city centre art gallery. When Heritage Art stage called tenders for its new development in London, the employer wished and insisted on seeing all submitted tenders. The lowest tender was submitted by Jones and Sons Contractors yet the Client insisted on awarding the project to the second lowest tenderer
Smith and Company Contractors. Case law on lowest bidding not getting the job. They can sue Tender - Mini contract - look at contract law unit 9
Currently, awarded to the Smith development and Companyis underway Contractorsin Londfor ona sum , UK. of Finally, £37.2 the Millionmain . The contract traditional was
procurement route is used to acquire the project. The project uses the ‘JCT Standard Building
Contracconstruction of t With Quantities an extension to the e2011’ for conxisting buildingtract administration and the purposes. refurbishment of The project the includes existing
building which is estimated at £37.2 million, out of which £17.2 million is for the refurbishment. Liquidated damages are set at £ 11,000 per day.
Starting Smith and Company Contactors were required as part of the contract to remove an existing of dispute two storey marble stair case and replace it with a more robust marble staircase structure.
- During the removal Smith and Company processcontractors damagehave put in a was made to the n application for loss and expenses (adjacent walls by the crane operator. claim) to structural issue recover the costs to repair the adjacent walls as the structural engineer has deemed that the existing walls are now not structurally sound. The Contract Administrator believes that the existing walls were structuralstaircase took place and damaged the ly sound before the adjacent wallcrane operators. ’s operation to remove the
Issue of Part of the refurbishment includes installation of a new roof dome. When the sub-contractor design arrived on site for roof dome installation it became clear that the roof dome dimensions
Traditional were not to the correct size and too small for the sub-contractor to install their dome. The contract - subcontractor left the site as they were unable to complete their works until the dome design opening was altered to suit the new installation. It was then realised that the existing
under
employer dimensions of roof dome were incorrect in design drawings. The Contract Administrator sent out a new set of drawings with correct dimensions for the roof dome with a compliments slip as an I nstruction to rectify the work. Smith and Company Contractors took 15 days to rectify
the works roof domecarried out and now to the roof dome apertureis seeking recover the cost. The subcontractor is also seeking payment for and a time extension for the remedial
standing time on site when the problem was discovered.
Cl. 4.24.4 aThe dditional quantity of Contractor requests roof repairsanother that had to be carried out. The approximate quantity given application for loss and expenses incurred due to the
in the BOQ for the roof repairs was not a reasonably accurate forecast of the quantity in the
Page 7 of 12
Contractor’s opinion. However, the Contractor does not provide all the supporting information required for the loss and expenses claim until after completion of the project. No supporting document, no payment.
Payment The Employer on three separate occasions has failed to pay the Contractor by the final date issue for relevant interim payments as agreed in the Contract. The Employer has made four payments on time. So far the contractor has made seven applications for payment.
The contractor has the right to slow down or even suspend the project and claim for EOT - supported by Law
2.2 Requirements of task 2
You administration issues.are required to prepare a report to address the following pre and post contract
Working for client
a) If you were the Contract Administrator prepare a report to advice the Employer on the possible legal consequences against the employer if the lowest tender
submitted by Jones and Sons Contractors is not accepted. Also discuss the likely reasons and justification for the employer’s decision for not accepting the lowest
tender .
b) Detail the legitimate applications for payment of loss and expenses (claims) that Smith and Company contractors can make with respect to the given scenario, the
main facts that can be included in the application and the contractual provisions available to substantiate the application according to the JCT SBC2011. You also
have to detail and discuss (with appropriate justification) the instances where
costill ntractor wishes to submit not legitimate according applications for payment of loss and expensesto JCT SBC2011; and what other alternative , but
contractual means available to cover cost incurred (if cost is recoverable) in those instances according to JCT SBC2011 with respect to the given scenario.
c) Discuss the contractual provisions in relation to the late interim payments by the
Employer.
You should support the answers with relevant clauses in the JCT Standard BuildiWith Quantities 2011 Edition. ng Contract
2.3 Assessment criteria of task 2
You are advised to consider the assessment criteria and ensure that these areas are covered in your report. Assessment grading will be according to the following criteria:
Assessment Criteria Marks
a) Evaluation of the liability of the Employer during tender selection Cp 9 of contract law 15%
b) c) Identification and justification of possible applications for loss and expensesAppraisal of contractual provisions in relation to late interim payments by the Employer 4205%%
d) Presentation of report 10%
e) Additional reading demonstrated to show deep knowledge and understanding; and correct use of references 10%
Total 100%
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Possible - we don't know whether there will be a legal consequences . - under the law, there is a possibility of a legal consequences
Need to tell the client how the contractor able to suit the client
1. how the client can defend themselves
2. Can he prevent this from happening
3. Need to justify why the lowest is not chosen
4. One way is that the contractor is not technically incline to take up the job - go for an interview
2.4 Assessment criteria of task 2
Grade Standard and Academic Rigour of work submitted
Presentation of material
(Criteria e)
(10 marks) Additional reading demonstrated to show deep knowledge and understanding and use of correct references
(Criteria f)
(10 marks)
Criteria (a)
(15 marks) Criteria (b)
(45 marks) Criteria (c)
(20 marks)
A
70 – 100% Work is of an excellent standard and has academic rigour. Work will be distinctive. There will be an extensive use and application of key principles. There will be a very high degree of comprehensive examination of key issues, reflecting the intricacy of the construction project and processes and the creativity to see imaginative solutions. Material is presented in a professional manner, following clear and logical structure Clear evidence that background and supplementary reading has been undertaken and incorporated. Contains references to relevant published material which underpins the work.
B
60 – 69% Work generally is of a high standard but lacks academic rigour. In the main it will show a high level and depth of analysis and criticality and application of key principles to a given case study. It will be confidently and clearly written and will therefore display a deep and thorough understanding of the key issues. Presentation of material could be improved as it is not to a high professional standard. Structure of the work demonstrated. There is minimum evidence of background and supplementary reading being completed. Contains some references but they are not specifically related to the work submitted.
C
50 – 59% Work is of a good standard – satisfying the level for the degree. Submissions will tend to be solid pieces of work, which addresses the task(s), show evidence of understanding with the main subject areas and implementation of the key principles. Despite such positive attributes, however, there will be room for improvement on the above issues including the sharpness of focus on the remit, and explanation of ideas. The material is not presented to a high standard. Unclear structure. Limited logic in contents provided. Little evidence of background and supplementary reading being completed. Reference material is limited and is not specifically detailed to relate it to the topic and/or the reason for inclusion is not explicit
D
40 – 49% Work is of a basic quality with substantial weaknesses.
A weak answer which shows basic understanding but constitutes no danger to contract administration practice.
Work is presented to a basic standard. Little evidence of content structure considered. No evidence of background or supplementary reading being completed. Superficial and descriptive text is provided with limited analysis and referencing.
E
35 – 39% Work is of a below standard level with poor demonstration of task requirements. Work is presented to a poor standard with no logical structure. No evidence of background or supplementary reading being completed. References are very weak.
FAIL
Less than
35% Answer is very poor which shows that the student does not understand the question.
Work is poorly structured and presented. Work is not at the academic level required for this level of study. Inclusion and discussion of references material is very poor.
Page 9 of 12
2.5 Submission requirements of task 2
x Students shall work individually.
x The assignment is to be submitted in report format and as such should have a formal structure and layout. It should be presented as a professional electronic document.
x The report should not exceed 2,000 words.
x Task 2 will carry 50% of the marks for the above course.
x The assignment must be submitted ONLY through Turnitin on or before the above
x subAll mission deadline. Turnitin will be used to check the originality of the report.students should be aware on the School’s policy on plagiarism, collusion, late
submission and special circumstances.
x All submissions shall have a bibliography of references and sources used in the preparation of the project. Students must use British Standard on the Harvard referencing system when citing literature sources.
x All submissions should have a cover sheet identifying the course, the date and the
student’s sequence; Vision/organisations/School of the Built Environment/forms/cover sheetname, The standard cover sheet can be accessed from following this .
x All students should refer to section IX. Why use turnitin?
Other important information
I. Obligation to keep copies of all work
Students MUST keep a spare copy of all work which they hand in.
II. Return and feedback
Coursework marks and feedback are normally available 2 working weeks after the hand in date. Feedback will identify students’ coursework performance against each of the
assessment criteria. In addition, a standard commentary on the performance of the cohort will be provided.
IIAll marks and grades issued to students are provisional until ratified by AssessmenI. Provisional nature of marks & grades t Boards.
IV. Extensions are not permitted
It is the School policy that Extensions to coursework submission dates will not be granted under any circumstances. Student who feel his/her work has been compromised because of
specific issues are advised to submit the work completed so far by the due date and complete
a Special Circumstances Form (with relevant accompanying documentation) to allow an individual’s circumstances to be considered at the Assessment Board.
V. Electronic submissions
By submitting assignments electronically, through Vision/Turnitin, you are declaring that this is your own personal work and you will be deemed to have completed by you.
VSee I. Penalties for late submission undergraduate handbook for detail
VII. What approach is required for coursework to demonstrate your academic ability and subject mastery?
Coursework is the opportunity for you as an individual student to demonstrate your own
knowledge, understanding and application of knowledge for a specific subject area. You MUST
use your ‘own words’ when writing a coursework submission. This can be supported by published material (from journals, web pages, books and lecture notes etc) which is fully acknowledged and
referenced. Referenced material should be used to support work, i.e.
xx Support your opinions and evaluations; Clarify the source of factual material being included in your work;
x Used to show a comparison of views, which you then critically evaluate and draw
conclusions from;
x Add depth to the discussion being presented;
x Back up conclusion and summaries of work you are presenting, etc.
All of the above demonstrates academic rigour and the ability of the student to produce the level
of work required for this level of study. More information on how to reference propfound in the HWU Student Handbook, HWU Library web pages and from your ALP tutor. erly can be
Unfair means (cheating)
Any attempt to gain an unfair advantage over students in assessments is classed as unfair means (cheating). The University takes a very serious view of this and students who are
suspected of unfair means will be referred to the University Discipline Committee. Unfair
means includes:
(a) Plagiarism Plagiarism involves taking the word of another person or source, including cutting and pasting from websites, and using it as if it were your own. Examples include written work, ideas, computer programmes, laboratory or survey results, diagrams, graphs, drawings and designs.
(b) Collusion
Collusion individual basis. (Collusion should not be confused with collaborative work which is involves working with others on tasks that should be carried out on an
often a good way to learn). Unless clearly stated assume that all work is to be carried
out as an individual. It is acceptable to study with peers but when producing work that work must be yours only.
(c) Falsifying Results
This could involve a range of things that make it appear that information has been collected by scientific investigation (the compilation of questionnaire results for example) whereas in reality results have been made up or altered to provide a more
favourable outcome.
(d) Contracting a Third Party to Carry out Work
This involves any means whereby a person does work on behalf of another. It includes assessments done for someone else in full or in part by a fellow student, a friend or
family member. It covers obtaining material from internet cheat sites or other sources of work. Penalties for this type of unfair means are likely to apply both to a student
who does work on behalf of another and to the student commissioning the work.
IX. Why use turnitin?
x TURNITIN is a piece of software which identifies and references any text which has already been published by another author. It is beneficial as it identifies the following:
x Students have included the work of others to strengthen their work and it is clearly identified and referenced correctly.
x It provides with an overview of the content of the work submitted – the percentage indicates the reliance on external sources to support a student’s work. There is no correct
or target % to be trying to achieve. This should not be seen as an exercise in achieving the lowest % or even the highest %.
x For example: If a students work returned a 20 - 25% originality report and this is drawn
from a number of 1 and 2 % matches, this would generally suggest the student has included several references to support their work. If however the 20 - 25% was shown to
be from one reference it would be questioned why there was such a high relevance to
one authors work and does this demonstrate that the students has thoroughly researched the subject area.
x TURNITIN also identifies similarities between submission so the assessor can also quickly assess if collusion between students has been identified and requires further
investigation.
The assessor is not using TURNITIN as a means of introducing an additional requirement of this coursework task; it is merely there to provide guidance to both the student and lecturer to
quickly assess the references included in the work submitted.
The use of TURNITIN will help students to develop the study skills required to produce academic work which is of high quality, fully referenced and is individual to a specific student’s ability.
Students are also advised to make sure to check the similarity percentage of your submission yourself, before the deadline to avoid the risk of disciplinary action. This can be done through draft submissions before the deadline.
Report format
1. Cover page
2. Content
3. Executive summary
When you call for a open tender, you created an expectation and the lowest bidder can sue you for loss of expectation if they are not awarded the job.
Eg when the result is published, the lowest bidder might think that they will get the job. If they are not awarded, there come the -loss of expectation-. If such is published online, the damage claim will be higher as this damage the reputation of the contractor.
1. Loss of expectation: Contractor
2. Justification/ reasons (not excuses): Employer
a. Technical ground - whether the contractor is competent to carry out the works.
b. Commercial reason - under bid? Can the contractor even finish the work? (Your QS should be able to come out with the estimated cost)
3. Recommendation to avoid legal consequences
a. 2 tier tendering
i. Technical ii. Commercial
b. No guarantee that the lowest bidder gets the job