ARCHITECTURAL PROFESSIONAL

PRACTICE

ZEHRA FARAZ
B.ARCH, SEMESTER X
A8304015024
Tender is defined as an offer. A tender is a submission made by a prospective supplier in response to an
invitation to tender. It makes an offer for the supply of goods or services.

In construction, the main tender process is generally for the selection of the contractor that will construct
the works. However, as procurement routes have become more complex, so tenders may be sought for a
wide range of goods and services (for example, on a construction management contract the works are
constructed by a number of different trade contractors each contracted to the client) and contractors may
take on additional functions such as design and management.

There is also an increasing tendency for suppliers to be aggregated into single contracts, for example,
'integrated supply teams' on public projects may include; the main contractor, designers, sub-contractors,
suppliers, facilities managers, and so on.

Irrespective of the nature of the goods or services that are being sought, the process for securing tenders
may take a number of different basic forms:

Open Tendering
Open tendering allows anyone to submit a tender to supply the goods or services that are required.
Generally, an advert will be placed giving notice that the contract is being tendered, and offering an equal
opportunity to any organisation to submit a tender.

On larger projects, there may then be a pre-qualification process that produces a short-list of suitable
suppliers who will be invited to prepare tenders. This sort of pre-qualification process is not the same as
selective tendering (see below).

Open tendering has been criticised for attracting tenders / expressions of interest from large numbers of
suppliers, some of whom may be entirely unsuitable for the contract and as a result it can waste a great
deal of time, effort and money. However, open tendering offers the greatest competition and has the
advantage of allowing new or emerging suppliers to try to secure work.

Selective Tendering
Selective tendering only allows suppliers to submit tenders by invitation. A pre-selected list of possible
suppliers is prepared that are known by their track record to be suitable for a contract of the size, nature
and complexity required. Consultants or experienced clients may maintain ‘approved’ lists of prospective
suppliers and then regularly review performance to assess whether suppliers should remain on the list.

Selective tendering can give clients greater confidence that their requirements will be satisfied and should
reduce the wasted effort that can be involved in open tendering. It may be particularly appropriate for
specialist or complex contracts, or contracts where there are only a few suitable firms. However, it can
exclude smaller suppliers or those trying to establish themselves in a new market.

Negotiated Tendering
Negotiation tendering is extensively used in the engineering and construction industry commencing from
tendering till dispute resolutions, i.e. under the styles of pre-contract negotiations and post contract
negotiations. Usually with single contractor but may be up to three contractors.

Negotiation process involves are as follows:

 Identification by the employer of a suitable contractor to negotiate with.

 The contractor can be selected either from the employer’s own list of preferences or on the advice
of the professional team.
 The contractor being apprised of the work scope.
 The selected contractor is issued with details such as the scope of work involved, relevant
drawings, design and /or information to enable him to appreciate the extents of obligations and
the employer’s actual needs. Some employers prepare and issue to the contractor proper tender
documents inclusive of a nominated bills of quantities to assist contractor in pricing the works for
the forthcoming negotiations.

Negotiations can be applied to the following type of contract:

 In partnering type of contracts under the so called win-win formula.

 Where the employer has a long term business relationship with the contractor.
 In situations where the parties are in a relationships of holding and subsidiary companies.
 Where the contractor is involved in the financing of the project.

 In situations where the employer finds it advantages to employ the same contractor to continue an
initial or existing contract for the new works
 Where there is a pressing need to have a very early start of work on the site and to complete the
works on a fast tract basis.
 In special circumstances e.g. Security reasons, emergencies etc where it is expedient to secure the
services of a particular contractor only.
 Where there is only a single contractor who is the only one available or with ether the special
skill or resources to carry out the particular works.
  The employer’s resources are either limited or constrained thereby making the use of the other
tendering impractical.

Disadvantages
 Only reputable contractor are invited for negotiation.
 The cost work is likely higher than competitive tender.
 The Contractor can contribute his expertise during design stage.
 Reduces the availability of work for other contractors.
 Early Commencement of work on site. It shortens the period involved in appointing the
contractor.

Serial Tendering
Serial tendering involves the preparation of tenders based on a typical or notional bill of quantities or
schedule of works. The rates submitted can then be used to value works over a series of similar projects,
often for a fixed period of time following which the tendering procedure may be repeated.

Serial tendering can reduce tender costs, and may encourage suppliers to submit low rates to secure an
ongoing programme of work.

Framework Tendering
Clients that are continuously commissioning work might reduce timescales, learning curves and other
risks by using framework agreements. Such arrangements allow the client to invite tenders from suppliers
of goods and services to be carried out over a period of time on a call-off basis as and when required.

Framework tender documents are likely to include a request for a schedules of rates and time charges and
a breakdown of resources and overheads to be applied (including any proposed subcontractor or sub-
consultant details).

One or more suppliers are then selected and appointed. When specific projects arise the client is then able
to simply select a suitable framework supplier and instruct them to start work. Where there is more than
one suitable supplier on the framework, the client may introduce a secondary selection process to assess
which supplier is likely to offer best value for a specific project. The advantage of this process to the
client is that they are able instigate a selection procedure for individual projects without having to
undertake a time-consuming pre-qualification process. This should also reduce tender costs.

Single-Stage and Two-Stage Tendering

Single-stage tendering is used when all the information necessary to calculate a realistic price is available
when tendering commences. An invitation to tender is issued to prospective suppliers, tenders are
prepared and returned, a preferred tenderer is selected and following negotiations they may be appointed.

Two-stage tendering is used to allow early appointment of a supplier, prior to the completion of all the
information required to enable them to offer a fixed price. In the first stage, a limited appointment is
agreed to allow work to begin and in the second stage a fixed price is negotiated for the contract

Ideally, tender documents should be broken down into a series of packages (even if there will only be one
main contract) each with its own design drawings and specifications suitable to be issued by the main
contractor to potential sub-contractors. This makes the tender easier for the contractor to price and easier
for the client to compare with other tenderers.
It is important, when this is done, to ensure that the interfaces between packages are properly identified
and clearly allocated to one package or another. Having too many packages increases the number of
interfaces and so the potential problems. The cost plan (pre-tender estimate) should also be re-assembled
package by package to allow easy appraisal of tenders received.

Selection of Suitable Contractor

This involves the selection of a suitable contractor and the establishment of a level of pricing for
subsequent negotiations. The objective is to select suitable contractor as early as possible is to work
together with the professional team and to establish a level of pricing for subsequent negotiation.
The criteria for short listing is normally confined to items such as technical and financial capability,
experience in similar works and extent of resources (manpower, plant and equipment). The pricing
document should be flexible enough to cater for adjustment of price fluctuation for the period between
two stages and the pricing of the second stage.
In selecting a suitable candidate, a basis for pricing the subsequent second stage should be established
accordingly.
Questions
What are the Salient Features of Architect’s Act 1972?

The Council of Architecture (COA) has been constituted by the Government of India under the provisions
of the Architects Act, 1972, enacted by the Parliament of India, which came into force on 1st September,
1972. The Act provides for registration of Architects, standards of education, recognized qualifications
and standards of practice to be complied with by the practicing architects. The Council of Architecture is
charged with the responsibility to regulate the education and practice of profession throughout India
besides maintaining the register of architects. For this purpose, the Government of India has framed Rules
and Council of Architecture has framed Regulations as provided for in the Architects Act, with the
approval of Government of India.
Any person desirous of carrying on the profession of 'Architect' must have registered himself with
Council of Architecture. For the purpose of registration, one must possess the requisite qualification as
appended to the Architects Act, after having undergone the education in accordance with the Council of
Architecture (Minimum Standards of Architectural Education) Regulations, 1983. The registration with
Council of Architecture entitles a person to practice the profession of architecture, provided he holds a
Certificate of Registration with up-to-date renewals. The registration also entitles a person to use the title
and style of Architect. The title and style of architect can also be used by a firm of architects, of which all
partners are registered with COA. Limited Companies, Private/Public Companies, societies and other
juridical persons are not entitled to use the title and style of architect nor are they entitled to practice the
profession of architecture. If any person falsely claims to be registered or misuses title and style of
architect, such acts tantamount to committing of a criminal offence, which is punishable under section 36
or 37 (2) of the Architects Act, 1972.
The main purpose of the architects act, 1972 as given in the preamble is to provide for the registration of
architects and for matters connected therewith. It has already come into force and extends to the whole
India. It contains 45 sections along with one schedule. • 1. 2. 3. The act can briefly be studied under the
following heads: Use of title ”Architect” Council of Architecture Qualification for Registration • Use of
title ‘Architect’ • • • • • A person is prohibited from using the title and the style of ‘Architect’ unless he is
a person registered in the Register of Architects (section 37). This prohibition does not affect the use of
designation as “Landscape Architect” or “Naval Architect”. Contravention will lead to fine on first
conviction and on subsequent conviction with imprisonment or fine or both (section 37(2)).
Architects’ Registration Council. The Act provides for the establishment of Council of Architecture, a
body cooperate consists of members from Institutions, Councils, Central and State Government nominees.
The members will select Vice president and President from among them.

What is the importance of COA and its efforts to improve Architectural Education in
India?

There are 135 institutions, which impart architectural education in India leading to recognized
qualifications. The standards of education being imparted in these institutions (constituent
colleges/departments of universities, deemed universities, affiliated colleges/schools, IITs, NITs and
autonomous institutions) is governed by Council of Architecture (Minimum Standards of Architectural
Education) Regulations, 1983, which set forth the requirement of eligibility for admission, course
duration, standards of staff & accommodation, course content, examination etc. These standards as
provided in the said Regulations are required to be maintained by the institutions. The COA oversees the
maintenance of the standards periodically by way of conducting inspections through Committees of
Experts. The COA is required to keep the Central Government informed of the standards being
maintained by the institutions and is empowered to make recommendations to the Government of India
with regard to recognition and de-recognition of a qualification.

Who all are the members of COA?

Members of the COA are persons who satisfy the Council of Architecture with documentary evidence
that they have been engaged in practice as architects for a period not less than five years prior to
27.04.1974, the date appointed by the Central Government under sub-section (2) of section 24 of the
Act. A person to be an architect must possess adequate skill & knowledge to enable him to (i) originate;
(ii) design and plan; and (iii) arrange for and supervise the erection of such buildings or other works
calling for skill in design and planning and is said to have been engaged in practice if he holds out for
reward to act in a professional capacity in activities which form at least a material part of his profession.
A person is not practicing who operates incidentally and occasionally in an administrative capacity only
or in pursuit of a hobby.

What are tenders and how is a tender document prepared?

Tender process is generally for the selection of the contractor that will construct the works. However, as
procurement routes have become more complex, so tenders may be sought for a wide range of goods and
services (for example, on a construction management contract the works are constructed by a number of
different trade contractors each contracted to the client) and contractors may take on additional functions
such as design and management.
Preparing tender documents:
A tender is a submission made by a prospective supplier in response to an invitation to tender. It makes an
offer for the supply of goods or services, including a price and proposals for how the requirements will be
satisfied if these have been requested.
An invitation to tender provides prospective suppliers with tender documentation setting out the
information they need to prepare their offer. It is vital that tender documents are comprehensive and clear
if realistic prices are to be obtained, making it more likely that the project will adhere to the budget once
the works begin, and reducing the likelihood of misunderstandings, mistakes and claims.

Tender documents might include:

A letter of invitation to tender;
The form of tender (formal acknowledgement that the supplier understands and accepts the terms of
conditions of the tender documents);
Preliminaries (providing a description of the project, allowing the supplier to assess costs which, while
they do not form a part of any of the package of works required by the contract, are required by the
method and circumstances of the works, such as general plant, site staff and welfare facilities);
The form of contract that will be used, contract conditions and any amendments. This might include a
model enabling amendment if building information modelling (BIM) is being used, to make a BIM
protocol part of the contract documentation;
Employer's information requirements if BIM is being used (defining the information that will be required
for the development of the project and for the operation of the completed built asset);
A tender pricing document (or contract sum analysis on design and build projects). This sets out the way
prospective suppliers should breakdown their overall tender price and is effectively an unpriced bill of
quantities;
A drawing schedule;
Design drawings, and perhaps an existing building information model;
Specifications, and
On construction management contracts, tender documentation for trade contracts might include the
construction manager's master programme.