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An Introduction to
Building Procurement Systems
Also available from E & FN Spon
Facilities Management
K Alexander
Construction Contracts
2nd Edition
J Murdoch and W Hughes
For more information about these and other titles please contact:
The Marketing Department, E & FN Spon, 2–6 Boundary Row, London, SE1 8HN. Tel: 0171 865 0066
AN INTRODUCTION
TO BUILDING
PROCUREMENT
SYSTEMS
J.W.E.Masterman
E & FN SPON
An Imprint of Chapman & Hall
Chapman & Hall Australia, Thomas Nelson Australia, 102 Dodds Street, South
Melbourne, Victoria 3205, Australia
Chapman & Hall India, R.Seshadri, 32 Second Main Road, CIT East, Madras
600 035, India
© 1992 J.W.E.Masterman
Apart from any fair dealing for the purposes of research or private study, or criticism
or review, as permitted under the UK Copyright Designs and Patents Act, 1988,
this publication may not be reproduced, stored, or transmitted, in any form or by
any means, without the prior permission in writing of the publishers, or in the case
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UK. Enquiries concerning reproduction outside the terms stated here should be sent
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The publisher makes no representation, express or implied, with regard to the
accuracy of the information contained in this book and cannot accept any legal
responsibility or liability for any errors or omissions that may be made.
A catalogue record for this book is available from the British Library.
Acknowledgements ix
Preface xi
Introduction xiii
vii
viii CONTENTS
9 The future
9.1 General 183
9.2 Individual procurement systems 185
Summary 187
References 188
ACKNOWLEDGEMENTS
ix
x ACKNOWLEDGEMENTS
Research has revealed that the way in which many clients, and their advisors,
select the method used to control the design and construction of their building
projects, i.e. the procurement system, can be haphazard, ill-timed and lacking
in logic and discipline.
As it has also been recognized that one of the principal reasons for the
construction industry’s poor performance is the inappropriateness of the
procurement systems that have been chosen in this way, it is essential for the
future success of individual projects and the industry as a whole that, at a time
when such systems are proliferating and where building projects are becoming
more complex, the correct choice is made.
While there is much available literature relating to individual methods of
procurement, little has been done to provide an introduction to the subject and
a single source of reference which describes, examines and compares all of the
main procurement systems being used in most of the United Kingdom.
This book attempts to satisfy this need by providing information on the
history, procedures, use and characteristics associated with each of the major
procurement systems and their variants, and offering guidance to the reader
on the principles of selection of the most appropriate method of procurement.
For the sake of clarity the term ‘building’ here relates to industrial,
commercial, retail, leisure, educational and other similar facilities but not civil
engineering projects or petrochemical and process engineering installations.
J.W.E.Masterman
xi
INTRODUCTION
xiii
xiv INTRODUCTION
1.1 TERMINOLOGY
1
2 THE CONCEPT OF PROCUREMENT SYSTEMS
and is considered to be, for the purpose of assisting in the simplification of the
selection of procurement systems, the most appropriate categorization relating
as it does to the critical interaction between the design and construction
processes.
Therefore for the purposes of use in this guide the following categories have
been adopted:
1. separated and co-operative procurement systems, where the responsibility
for the design and construction aspects of the project are the responsibility
of separate organizations, e.g. design consultants and contractors, but where
variants of the basic system may also be used which enable the contractor
to be appointed at an early stage so that he may co-operate with the client
in pricing, providing advice on construction methods and buildability and
accelerating the commencement and completion of the project;
2. integrated procurement systems, where design and construction become the
responsibility of one organization, usually a contractor and the client has
only one organization to deal with;
3. management-orientated procurement systems, where the emphasis is placed
upon overall management of the design and construction of the project with
the latter element usually being carried out by works or package contractors
and the management contractor having the status and responsibilities of a
consultant.
Figure 1.1, adapted from Perry’s [5] original diagram, illustrates this
categorization and shows the main choices of procurement systems that are
currently available. The non-categorization of the British Property Federation
system results from the fact that it is, in reality, a very detailed administrative/
managerial framework into which other procurement methods can be fitted
to suit the requirements of a particular project and thus does not exhibit the
specific characteristics which would enable it to be placed with any certainty
into any particular grouping.
These groupings and the individual systems are themselves discussed in
succeeding chapters but it should be understood that, while on the
majority of projects the use of one procurement system will normally
ensure that the client’s needs are satisfied, on larger and more complex
projects it may be necessary for several of the methods to be used in
combination, or singly on different geographical sections of the same
scheme, and it is not unknown for a bespoke procurement system to be
designed for a specific project.
Figure 1.1 The categorization of building procurement systems
Source: Perry [5]
REFERENCES 5
REFERENCES
2.1 INTRODUCTION
Having established the concept of procurement systems the evolution and level
of use of contemporary procurement methods over the past half century is now
examined in some detail using the numerous official and semi-official reports
that were produced during this period.
The vast majority of construction projects prior to the Second World War
(1939–1945), were implemented by conventional methods of procurement that
had remained unchanged for over 150 years. Since that time, however, the
number of different available procurement systems has substantially increased,
often as a result of importation from the USA, and perhaps more significantly,
the willingness of an increasing number of client organizations to sponsor and
use these new methods.
Three phases in the development of contemporary procurement systems can
be identified. The first was a period of sustained economic growth when the
use of conventional methods of procurement still prevailed; the second was a
period of recession characterized by an increased use of non-conventional
procurement systems; and the third and final period, which has recently ended,
was a time of post-recession recovery during which the most experienced clients
of the industry designed and implemented their own procurement systems and
more generally, although conventional systems still predominated, design-and-
build and management-orientated procurement methods increased their share
of the available workload.
Chronologically, these periods broadly relate to the years 1945 to 1972,
1973 to 1980 and 1981 to the present time—nearly half a century during
7
8 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
which the changed attitudes and needs of client organizations have resulted in
a substantial increase in the number and type of procurement systems
available.
2.2 1945–1972
Following the end of hostilities the demands placed upon the building industry
rapidly increased in both complexity and workload. Despite this, the pattern
of organization of projects remained largely unaltered, particularly in the public
sector, with the majority of work still being let on the basis of open competitive
tendering even though the Simon Report [1] of 1944 had strongly recommended
the use of selective bidding.
The Phillips Report [2] published in 1950 reiterated this recommendation
and in addition highlighted the need for greater co-operation between all of
the parties involved in the construction process although by now some
innovations in procurement systems, such as negotiated tenders and design and
build, had begun to be used to a very limited extent by the private sector and
central government.
Criticism of the lack of liaison and relationships between consultants,
contractors and their mutual clients was contained within the 1962 Emmerson
Report [3] which commented:
In no other important industry is the responsibility for design so far removed
from the responsibility for production.
Emmerson also came to the conclusion that there was still a general failure to
adopt enlightened methods of tendering in spite of the recommendations of
earlier reports, but also noted the growth of the package deal and ‘other forms’
of placing and managing contracts although no examples of such forms, other
than serial tendering, and a passing reference to the ‘Clasp’ system of
industrialized building, were provided.
In 1964 the Banwell Report [4] was published, followed in 1967 by a
review, Action on the Banwell Report [5]. The former document expressed
concern at the failure of the industry and its professions to think and act
together or to reform its approach to the organization of construction projects.
The document also reiterated the recommendations of the Simon Report [1]
and other previous committees and working parties in that the use of selective
tendering should be more universally applied together with the use of non-
conventional methods such as negotiated and serial tendering where
appropriate.
The 1967 review [5] found that some progress had been made since Banwell
on the pre-planning of projects, although the professionals had done little to
de-restrict their practices. An increase in the use of selective tendering was noted
1973-1979 9
and the industry was again urged to increase the use of serial and negotiated
tendering.
A number of guides intended to assist clients in the planning and organization
of construction projects were published in the decade prior to 1965 although
these had not, according to Action on Banwell [5], been widely publicized or
circulated. In that year Higgins and Jessop [6], in a pilot study to examine
communications in the industry sponsored by the National Joint Consultative
Committee (NJCC), were probably the first to suggest that overall co-ordination
of design and construction should be exercised by a single person, or
organization.
The evidence therefore suggests that the early to mid-1960s were a time of
considerable activity within the industry with regard to its performance and
organization, and that this was probably induced by a combination of economic
expansion, rapidly developing technology, changing social attitudes, the
demand for more complex and sophisticated buildings and, not least, the client’s
increased need for faster completion at minimum cost.
The last requirement stemmed from the revived activities of property
developers, following the boom in urban redevelopment, and industrial
organizations. Both of these client groups were unhampered by standing orders
or restrictive procedures and were thus more open to suggestions for the use
of unorthodox arrangements for the provision of their building projects.
Negotiated contracts and package deals were frequently entered into by the
private sector and there was much discussion, but much less real progress, about
the early involvement of contractors in order to benefit from their practical
expertise.
Within this period, a time of sustained and almost uninterrupted economic
growth from the end of the war to the early 1970s, conventional methods of
procurement prevailed with only a relatively small number of projects being
carried out by non-conventional procedures despite a proliferation of reports
recommending their use and the adoption of a more co-operative approach by
all members of the building process.
2.3 1973–1979
The second phase was a period of recession, if not depression and instability,
and commenced in 1973 as a result of the first price increase imposed by the
oil-producing countries coupled with a high rate of inflation arising from the
previous boom and, eventually, from the effect on the oil price rise itself; this
stage is seen to have lasted until 1980.
During this time government-sponsored studies of the industry were less
general and fundamental than they had been in the 1950s and 1960s and related
to specific sectors of construction activity.
10 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
Of the number of studies emanating from NEDO the report [7] produced
in 1975 by the Joint Working Party chaired by Sir Kenneth Wood was the only
one specifically to examine purchasing policies and procurement practices
although even then the examination was restricted to the public sector. The
report found that the procurement systems used by public authorities were
inappropriate to the circumstances and types of project surveyed, although the
use of non-conventional methods of organizing construction work amounted
to nearly 40% of the projects examined.
Various official and unofficial reports that were produced during this period
drew unflattering comparisons between the performance of the British and
foreign construction industries and the two case studies carried out by Slough
Estates PLC in 1976 [8] and 1979 [9] were particularly damning.
The 1976 study found that the overall time taken to implement an
industrial project in the UK was considerably longer than in other countries
and the eventual cost of developments in this country was considerably
higher than all but one of the seven countries surveyed. The reasons for this
poor performance were considered to stem from the unnecessarily lengthy
and complex design and pricing process and the time taken for the
application and granting of the necessary statutory permits which, when
related to the high level of interest rates, inflation and prolonged
programmes, led to the high levels of cost.
The 1979 report [9] endorsed the findings of the earlier study but conceded
that there had been a general improvement in the intervening 3 years which
was attributable to the effects of the recession and the resulting low level of
building activity.
The recommendations made by the two studies stressed the need for
reform of the planning and building regulation processes and, in the context
of procurement systems, urged the simplification of design and construction
procedures, the improvement of construction management, the
establishment by clients of their real needs and more effective briefing of their
design teams.
These two reports [8, 9] were probably the first formalized examples of a
trend, which emerged during the late 1970s and has continued since, of some
client organizations forcibly voicing their dissatisfaction with the performance
of the construction industry.
In 1978 the Building and Civil Engineering Development Committees
combined to produce Construction for Industrial Recovery [10] a study
which sought, among other objectives, to obtain the views of industrialists
on the adequacy of the products and services offered by the building
industry.
The report, based upon a survey of 500 firms and 32 case studies, concluded
that industrial firms carried out their construction projects using various
procurement methods with many choosing the conventional route. It was also
1973-1979 11
established that the average industrial user is not aware of the complexities of
the construction process, or more particularly the alternative methods of
acquiring buildings, and that traditional contract procedures frequently do not
meet the needs of the manufacturing industry.
The Royal Institution of Chartered Surveyors, published a report [11] in 1979
which was based upon a study of the contribution made by different design and
contract procedures to cost and time performance, especially in the UK and US
construction industries. The document contains a number of conclusions which
are relevant to the procurement process:
1. A very wide range of procurement systems is used in the private sector in
the US as against a very narrow range in the UK, where central and local
government is the dominant influence and public accountability, rather than
economy, is essential.
2. Major cost and time penalties are likely to be incurred if detailed design is
divorced from construction.
3. The use of construction management in the US has grown as a result of this
system being capable of giving the design team control over the construction
cost and time.
4. The range of variety of procurement systems has proliferated on both
sides of the Atlantic because of escalating costs, increasingly complex
designs, the increased size of projects and the more onerous demands of
owners.
5. Clients in both countries were found to be dissatisfied with conventional
procedures. In the US this dissatisfaction results from an increase in claims,
and subsequent litigation, as well as lack of cost control during the design
stage, while in the UK escalating costs, the slow rate of construction and
technical defects have disappointed clients.
6. Clients in the UK are more conservative than their US counterparts, who
are prepared to experiment with the whole range of procurement methods,
particularly construction management.
The themes of most of the reports published in the 1970s reflected the
diminishing numbers of sponsors prepared to commit themselves to
building projects in an uncertain economic climate and the increasing
concern, of those clients who continued to carry out construction works, at
rapidly increasing material and labour costs, high inflation and railing
demand for their products, all of which were made worse by the delays,
overruns and other difficulties associated with the UK construction
industry.
Within this second phase the use of the conventional procurement system
still accounted for much of the construction work although the use of
management contracting, and to a somewhat lesser extent the design and build
method, continued to increase.
12 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
The third of the chronological phases started in 1980 and has now finished.
This stage has been described as a post-recession period of adjustment and
recovery during which changes have taken place as a result of long-term shifts
in the structure of the industry, such as the emergence of labour-only sub-
contracting and the client’s changing perceptions.
This latter characteristic is best reflected in the publication, at the end of
1983, of the British Property Federation’s (BPF) System for Building Design
and Construction [12]. This body, which represents the majority of UK property
development organizations and a number of the larger retailers and commercial
companies, had concluded that many existing procurement systems caused
delays, were inefficient, could increase costs and cause and sustain
confrontational attitudes between consultants and contractors which are
contrary to the best interest of the client.
A Working Party, assisted by a small group of consultants, was set up to
draft ‘an improved management system for the building process appropriate
for members of the BPF’ and, for the first time on any major scale, eventually
produced its own system of organizing the management, design and
construction of a building project which reflected US practice and the
experience gained in using all of the various existing procurement methods
that have become established over many years. It is interesting to note,
however, that there is no evidence to suggest that this new approach has
captured the imagination of many clients or a significant percentage of the
available workload.
Two important NEDO reports [13, 14], were published in 1983 and 1988,
both dealing with the widely held belief that the process of procuring new
industrial or commercial buildings was unnecessarily long and difficult, a view
which had been established in the reports of the 1970s, which compared UK
performance unfavourably with that of the building industry in overseas
countries.
The 1983 study [13] found, in relation to procurement methods used on
industrial projects, that while conventional methods can give good results,
non-conventional techniques tend to be quicker, although the use of bills of
approximate quantities and negotiated tendering also leads to faster
progress. It also established that over half of the projects surveyed were
carried out by conventional methods, about a third by the design and build
procurement system and the remainder by some form of management or
other approach.
The 1988 report [14], which dealt specifically with commercial projects,
identified a wide variability in time performance, even on comparable projects,
with project outcomes being determined not only by the form of organization
but also by the early development of a comprehensive project strategy and
THE LEVEL OF USE OF PROCUREMENT SYSTEMS 13
timetable. Two-thirds of the projects surveyed were carried out by the use of
conventional methods with the remainder being more or less evenly divided
between design and build and management techniques.
Both studies found that about one-third of both industrial and commercial
projects finished on time but the rest overran their planned times by a month
or more thereby confirming the concern expressed by many clients during this
period at the industry’s inability to satisfy their needs.
While the British Property Federation produced its own system as a result
of its frustration at the construction industry’s poor performance on its
members’ projects, another group of clients, mainly those sponsoring mega-
projects in London and the south-east of England, began in the mid-1980s
individually to put together their own forms of project organization in a way
that best suited their own interests. The emergence of this type of expert private-
sector client, who has the necessary in-house resources to enable him to manage
large projects and an on-going construction programme, is one of the
phenomena of the period with clients of the industry despairing of it ever putting
its own house in order and identifying the need to develop bespoke project
organizations which, in the case of the major schemes, mainly consisted of some
form of construction management.
In this third and final phase, although the conventional method remained
the most widely used system, there was a substantial increase in the use of design
and build and a continued use of various forms of management approaches,
albeit with an apparent reduction in the use of management contracting, during
the latter years of the period, as a result of clients’ dissatisfaction with this
method of procurement.
None of the many reports on the construction industry that have been produced
since the mid-1960s by government-sponsored committees and others, have
accurately or adequately defined the level of use by clients of the various
available procurement systems.
Some of these studies have, however, given indicative figures. The
Working Party when preparing the 1967 study Action on the Banwell
Report [5] established that, in the housing and educational sections of the
public sector, the methods of procuring building projects was as shown in
Table 2.1.
The information contained within this study regarding the level of use in the
other sections of construction activity was far less definitive—hospital boards
used selective tendering, universities used selective tendering and negotiation
and most contracts for central government and the nationalized industries were
being procured by selective tendering and various forms of negotiation.
14 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
The 1974 NEDO guide Before you Build—What a Client Needs to Know
about the Construction Industry [15], contained information on the use of
procurement methods in the private sector, which confirmed that over 70%
of projects were still procured on a conventional basis, 18% were implemented
using the design and build system and the remainder carried out by
‘management’ and other methods.
The Wood Report [7], which examined the purchasing policies and practices
of the public client, established that 60% of contracts were let on a conventional
basis, nearly 25% used the design and build method and the remainder were
implemented using other non-conventional procurement systems.
Hillebrandt [16] maintained that there was no comprehensive data available
on the level of use of the various construction industry procurement methods
and produced an assessment of the systems usage, in both the public and private
sectors, which is partly reproduced in Table 2.2. Subsequent reports indicate
that the amount of work carried out in the private sector by selective tendering
was underestimated by Hillebrandt [16] and the use of management-orientated
methods substantially overestimated.
A survey of 21 public and private sector organizations carried out in 1985
by Hewitt [17] established that the use of conventional procurement systems,
mainly in the form of selective competition and negotiation, was predominant
with design and build being the next most popular method—the detailed results
of this survey are shown in Table 2.3.
The Faster Building for Industry report [13] established, from a survey of
5000 industrial projects undertaken in 1980–81, that just over half of these were
carried out using conventional procurement methods, a third were implemented
THE LEVEL OF USE OF PROCUREMENT SYSTEMS 15
* excluding housing
Source: Hillebrandt [16]
using the design and build methods and the remainder by some form of
management system.
NEDO’s subsequent report on the commercial sector [14] was based upon
a representative sample of 60 projects, built between 1984 and 1986,
supplemented by additional data gleaned from 260 schemes and the statistical
analysis of non-detailed information on some 8000 commercial projects. The
report concluded that over two-thirds of the contracts were let on a conventional
basis, about one-sixth used the design and build approach and the remainder
were carried out using some type of management procurement method.
Surveys [18] have been carried out in 1984, 1985, 1987 and 1989, by the
Junior Organization of the Quantity Surveyors Division of the RICs, of some
16 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
Table 2.4 Summary of surveys and estimates of level of use of procurement systems
1960–87 [19]
700 quantity surveyors in private practice in local and central government and
the housing association sector in order to determine the levels of use of forms
of contract and building procurement systems during the years in question.
The results of these surveys show a decrease over the 4 years in the use of
conventional methods from 83% to 67%, while design and build has increased
over the same period from 5% to 11% or 12% (although the authors of the
survey are of the opinion that the use of the latter arrangement is understated
as a result of the single discipline of the respondents). The use of management
and other methods decreased between 1984 and 1987 and then rose
dramatically to 22% in 1989, although these results may again be suspect.
Table 2.4 based upon Rowlinson’s work [19] summarizes all of the
previously described surveys, reports and literature with a view to bringing
THE LEVEL OF USE OF PROCUREMENT SYSTEMS 17
together all of the diverse information and providing an indication of the way
in which the use of the various systems has changed over the years.
Unfortunately, the lack of comparable figures for the level of use of the various
procurement methods over a set period of time from a sufficiently wide range
of respondents means that it is not possible accurately to quantify the actual
past use of each individual system, or identify the long-term trends, even on
the basis of the preceding data.
In an effort to establish a more accurate picture, the author undertook a
survey in 1988 [20], of clients, architects and quantity surveyors; respondents
were asked to identify, by percentage of project value, the procurement methods
they had used in the latest year for which such information was available and
for the 12-month period 5 years prior to this. Table 2.5 shows the results of
the survey which related to industrial and commercial projects carried out
during 1986 and/or 1987 and the previous 5 years.
Whilst it can be seen that the results obtained from the three groups of
respondents varied, in some cases quite radically, the trends shown for the use
of each of the procurement systems were, in the main, consistent.
The use of conventional systems by all of the respondents had decreased by
between 7% and 14% over the 5-year period in question, thus confirming the
trend identified by the previous surveys.
The design and build method had gained in popularity over the surveyed
period, once again confirming the historical evidence, with its increase in use
ranging from 35% in the case of quantity surveyors and 60% as reported by
architects, with clients increasing their use of the system by nearly 35%.
18 THE EVOLUTION OF CONTEMPORARY PROCUREMENT SYSTEMS
SUMMARY
REFERENCES
1. Simon Report (Central Council for Building and Works) (1944) The Placing and
Management of Building Contracts, Chairman Sir E. Simon, HMSO, London.
2. Phillips Report (Ministry of Works) (1950) Report on the Working Party on the
Building Industry, Chairman Mr J. Phillips, HMSO, London.
3. Emmerson Report (Ministry of Works) (1962) Survey of Problems before the
Construction Industries, Report prepared by Sir H. Emmerson, HMSO, London.
4. Banwell Report (Ministry of Public Buildings and Works) (1964) The Placing and
Management of Contracts for Building and Civil Engineering Work, Chairman
Sir H. Banwell, HMSO, London.
REFERENCES 21
3.1 INTRODUCTION
This method of procuring building projects is usually referred to within the industry
and literature as the ‘traditional method’. The author maintains that, in fact, the
traditional method of designing and constructing buildings was that which was most
commonly used before the end of the 1700s or beginning of the 1800s when clients had
23
24 SEPARATED AND CO-OPERATIVE PROCUREMENT SYSTEMS
for many centuries traditionally employed craftsmen, on an individual basis, under the
supervision of a master mason, or surveyor or, very rarely, an architect.
Since that time and up to relatively recently the ‘accepted social behaviour’,
the Concise Oxford Dictionary’s definition of ‘convention’, has been for most
clients to implement their building projects by using a main contractor with
the design and supervision being carried out by an architect assisted by other
specialist consultants. The term ‘conventional method’ has therefore been used
to describe this system throughout this guide.
Apart from the separation of design and construction the conventional
procurement system exhibits a number of other basic characteristics.
1. Project delivery is a sequential process.
2. The design of the project is largely completed before work commences on site.
3. The responsibility for managing the project is divided between the client’s
consultants and the contractor and there is therefore little scope for
involvement of either of the parties in the other’s activities.
4. Reimbursement of the client’s consultants is normally on a fee and expenses
basis whilst the contractor is paid for the work completed on an admeasure
or lump-sum basis.
The ideal definition of this method will include all of these features and the
following attempt at encapsulation has been adopted for the purpose of use
within this guide.
The client appoints independent consultants, on a fee basis, who fully design
the project and prepare tender documents upon which competitive bids, often
on a lump-sum basis, are obtained from main contractors.
The successful tenderer enters into a direct contract with the client and
carries out the work under the supervision of the original design consultants.
Figure 3.1 illustrates the conventional procurement system in simplified
diagrammatic form.
3.2.2 Genesis
The conventional procurement system has been used by the majority of clients
of the industry for at least the past 150 years in order to implement their building
projects.
It is maintained by Powell [1] that a watershed in the use of the system
occurred during the Napoleonic wars (1792–1815), when, as a result of the
frequent disputes that arose between the client and the separate tradesmen,
involved in the ‘measure and value’ system current at that time, the
Government’s Office of Works introduced competitive tendering for entire
projects as a superior alternative.
THE CONVENTIONAL METHOD 25
By the 1850s ‘contracting in gross’, as the system was then known, widely
prevailed enabling clients to secure the economic benefits of competition,
knowledge of the final cost before work began, better control of subsequent
expenditure and the ability to enter into a single, contractual relationship with
a builder instead of less co-ordinated tradesmen.
At the same time as the organizations for constructing projects and the
associated contractual relationships were changing, surveyors were being
used by groups of builders, and eventually by clients, to take off from the
architect’s drawings the quantities of materials required for estimating
purposes and relieving the tenderers of responsibility for their accuracy and
sufficiency.
From the second half of the 19th century until the commencement of the
Second World War the use of the conventional system by both public and private
26 SEPARATED AND CO-OPERATIVE PROCUREMENT SYSTEMS
clients gradually increased, together with the use of standard forms of contract,
to the point where, in England and Wales at least, this method was being used
for the vast majority of projects, albeit on the basis of very open competitive
tendering.
Following the end of hostilities in 1945 the conventional procurement system
remained predominant, supported by the findings of the Simon committee [2]
who had reported that an examination of the system of placing contracts had
not disclosed any serious weakness in the methods that had been built up by
‘architects, quantity surveyors and builders’, although it was recommended that,
where appropriate, selected and limited lists of tenderers should be used together
with negotiation.
The story of that most demanding of clients the commercial property
developer, from 1945 to 1967 as told by Marriott [3] makes no mention of the
use of any procurement system other than the conventional method apparently
confirming that, up until at least the middle 1960s, this approach satisfied the
majority of the metropolitan property companies.
The seeds of change, however, had already been sown in the Emmerson and
Banwell Reports of 1962 and 1964 [4, 5]. Emmerson concluded that ways
needed to be found of improving co-ordination and co-operation between the
building owner, consultants, contractors and subcontractors, and suggested that
the system for placing contracts and managing projects should be
comprehensively reviewed.
Banwell [5] reiterated this view and berated the majority of the various
members of the industry for their reactionary approach to new ideas and
processes pointing out the urgent need for the separate factions to come together
and think and act as a whole, particularly in the ‘letting, form and management
of contracts’.
Perhaps as a result of the pressure exerted by such reports, as well as normal
commercial influences, the mid- to late 1960s were a watershed in terms of the
increased use of non-conventional procurement systems and thus the decline
in the employment of conventional methods.
This period saw the beginning of the growth of design and build, the birth
of the first major management contract, the use of serial tendering for system
build/industrialized buildings and a general acceptance amongst the larger and
more far-sighted clients and consultants that the involvement of the contractor
at an early stage could be of benefit to the project as a whole.
In 1973 the oil crisis, and the consequent rise in fuel prices and interest
rates, meant that the dominant project objective of most clients became
the need for rapid commencement and completion of his development in
order to reduce borrowing to a minimum. These requirements resulted
again in a continuing decline in the use of conventional procurement
systems.
This trend has continued up to the present time with clients satisfying their
THE CONVENTIONAL METHOD 27
While a great deal of time and effort has been expended in achieving technical
innovation in construction, and refining existing and producing new forms of
contract, very little attention had been paid, until comparatively recently, to
the rationalization and reorganization of the procurement process thus
allowing the conventional system to maintain a major share of the available
building work.
However, the increasing participation of large and sophisticated clients in
this process, particularly during the past decade, and the historical events that
have previously been described has meant that the amount of work being carried
out using the conventional procurement method has declined and appears likely
to continue to do so.
The lack of accurate comparative historical data on the level of use of
procurement systems and the wide range of types of projects and categories
makes any examination of this aspect of construction activity extremely difficult
and any subsequent results somewhat unreliable but some surveys and research
can provide at least indicative information.
The comparison of design and contract procedures in the UK and the US
carried out by the University of Reading in 1979 [6] concluded that the
most common form of contractual arrangement used in both countries was
the lumpsum approach, using the design/tender/build process, but
unfortunately no attempt was made to quantify this statement.
The 1984, 1985 and 1987 Surveys of Contracts in Use [7], carried out by the
RICS Quantity Surveyors Divisional Committee, covered all types of UK
building works, except maintenance, and demonstrated a significant decrease
in the use of separated and co-operative procurement systems during the 4-
year period covered by the surveys, although even then 87% of the projects
examined in 1987 were carried out using the conventional method or one of its
variants.
On the other hand the Building Economic Development Committee’s
(BEDC) reports Faster Building for Industry [8] of 1983 and Faster Building
for Commerce [9] of 1988 found that only 52% and 65% of the projects in
these sectors of the industry were carried out using conventional procurement
methods, the difference between the results of these surveys and those carried
out by the RICS being accounted for by the narrow client/project base used in
the BEDC investigations.
At the present time the market’s perception of the conventional system and
its variants is that for small- and medium-sized uncomplicated projects. Where
28 SEPARATED AND CO-OPERATIVE PROCUREMENT SYSTEMS
time is not at a premium, these systems offer the most economic route to success.
In the case of major new works, where time is at a premium, the shortcomings
of the separated and co-operative methods are likely to result in the use of non-
conventional systems.
The wide variation in the estimates of the level of use of this system means
that any attempt to evaluate the share of the market currently enjoyed by the
conventional method, and its offshoots, is fraught with difficulty but it is
suggested that the level of use had shrunk from the 85% estimated by Rowlinson
for 1960 [10] to something between 55%–60% at the end of the 1980s.
In the immediate future, and as long as the present high level of activity
continues, it is likely that this method will continue to lose ground albeit at a
slower rate than during the past two decades. However, in the longer term it
could be argued that if demand reduces in line with current indications and the
past cyclical pattern of building industry activity, the decline in the use of
conventional systems may reduce and even stabilize.
The Royal Institute of British Architect’s (RIBA), outline plan of work [11],
sets out the procedures to be followed for projects being procured by
conventional means. Although the plan identifies 12 stages there are only four
which need concern us in the context of procurement systems, these are:
preparation, design, tender and construction.
As one of the unique characteristics of the conventional system is that it
follows a strictly sequential path, each of these four stages can be viewed as
separate entities and carried out, to a certain extent, in isolation of the others
with the result that the process can become extremely lengthy, lead to poor
communication, undermine relationships between project team members and
produce problems of buildability. The four stages are now described and
discussed.
Preparation
This is the inception stage of the project when the client establishes his
needs in principle, but not in detail, appoints a project manager and selects
and appoints his design team which normally consists of, as a minimum,
an architect, structural/civil engineer, mechanical and electrical engineer
and quantity surveyor, together with any other specialist consultants
necessary for the successful implementation of the project. Dependent
upon the nature of the client, and the undertaking itself, the project
manager may be:
THE CONVENTIONAL METHOD 29
Design
This phase sees the appointment of the design team who develop the project
through a series of stages: briefing, feasability, outline design, scheme design
and detailed design with the scheme’s configuration and features becoming firmer
at each stage. Again the client and his consultants have considerable freedom
during this phase to conceive and develop the project without excessive time or
economic pressures although research [8] has shown that projects which move
quickly in the pre-construction period tend to be constructed quickly as well.
30 SEPARATED AND CO-OPERATIVE PROCUREMENT SYSTEMS
Figure 3.2 The influence of various parties on the cost of new facilities
Source: Perry [12]
after the design has been formulated, he should be invited, when appointed,
to suggest any modifications which might improve buildability, speed of
construction or cost.
The main reasons for the lack of involvement of contractors when using the
conventional method are well known but deserve reiteration.
1. Clients wish to ensure that the responsibility for the design of any project
is vested in one group, i.e. the design consultants.
2. The list of tenderers will generally not be available until the design has been
mainly completed.
3. The practical and ethical difficulties of dealing with suggestions from a
number of contractors during the design stage are difficult to overcome.
4. Once design decisions have been made they usually cannot be changed
without cost penalties and delays to the construction programme.
In this context Perry [12] has identified the impact by reference to an unidentified
Swedish study of work carried out by the client and his consultants up to and
including the design stage as influencing 90% of the construction cost with only
15% of the actual project expenditure having been incurred—see Figure 3.2.
It can thus be seen that, although the client may be anxious to see work
commence on site, progress during this stage should be carefully controlled and
not unreasonably forced. Hastily prepared design details can lead to major
misunderstandings and disputes during the construction stage, which may result
in delays and cost penalties.
considered as indicative of the final cost to the client and may result in an
unscrupulous contractor abusing the system by submitting an unrealistically
low bid and then formulating claims for additional reimbursement in order to
uplift his original tender to a commercially viable level.
The selection of contractors who will receive tender documents and submit
bids can be made in a number of ways but it is usual in the case of conventionally
managed projects, particularly if the expenditure of public money is involved,
for tenderers to be selected by advertisement, or more often from a list of
approved contractors, with the latter method rapidly becoming the norm for
all categories of clients.
In 1975 the Wood Report [13] found that the current practice at that time
for building projects was that 16% of the sample of public clients surveyed
appointed contractors by open competition and 65% by selective
competition; a further 14% chose one contractor with whom they
negotiated.
It has now been generally accepted by all categories of client that, when using
the conventional procurement system, the selection of the most acceptable bid
should not be made by the use of open competitive tendering but by selective
tendering based upon a list of tried and tested contractors whose performance
and financial stability are regularly monitored.
A critical element of the tender documentation is the form of contract, a
subject about which much has already been written; suffice it to say that in the
context of procurement systems and the achievement of project success it is
normal and advisable to use the most appropriate of the many standard forms
of contract of which the industry has much experience.
If for any particular reason it is intended to introduce any special conditions
of contract, to use non-standard agreements proposed by one of the parties or,
more rarely, to formulate a bespoke form of contract, technical and legal advice
should be taken and the advantages and disadvantages of the proposed
documentation carefully considered before any commitment is made.
Once tenders are received the selection of the bid of most advantage to the
client presents very little difficulty when using this system as tenders will be
capable of being judged on price alone having been based on documentation
which is common to all tenderers and, theoretically at least, accurately and
comprehensively reflects the client’s actual requirements.
Construction
interest in all aspects of their projects achieved the best results particularly in
terms of speed of completion.
Because of the separated nature of the conventional method of procurement,
it is necessary for the client to ensure that good communications exist between
all members of the project team, that immediate decisions are made when
queries arise during the construction phase and that a strong site-management
team is in place before work commences on the project.
Payment to the contractor for work that has been satisfactorily completed
is made by means of interim certificates, generally monthly, of value of work
done, issued by the architect on the recommendation of the quantity surveyor.
The priced bill of quantities submitted by the contractor at tender stage forms
the basis of interim valuations and also ensures that any variations can be valued
by reference to pre-agreed rates for appropriate operations. An agreed
percentage is retained until final completion and a further reduced amount until
the defects liability period is satisfactorily completed.
This rigid monthly payment system, together with the practice of holding
retention monies, has been criticized as being a very expensive method of
payment for the large number of undercapitalized small subcontractors
who now carry out the majority of the actual site work and it has been
suggested that the adoption of more flexible methods of payment and the
streamlining of the retention system would benefit the client as well as the
industry.
The likelihood of such a major change in payment methods being achieved
within the foreseeable future is remote but in the meantime it is incumbent on
clients to ensure that certified payments are promptly honoured and that the
subsequent reimbursement of all subcontractors by the main contractor is made
with the same alacrity. Such action will ensure that the contractor’s efforts are
more effectively engaged in actually managing the project rather than pursuing
outstanding payments and may well serve to ensure good relations and thus
improve project efficiency.
The nature of the conventional method of procurement and its associated
conditions of contract is such that any delays that occur during the construction
phase, which are caused as a result of happenings outside of the main
contractor’s control, can only be overcome or mitigated by issuing instructions
to accelerate the appropriate current or future critical operations at the client’s
expense.
The sequential characteristic of the system reduces the ability to deal with
any unexpected delays other than during the construction period. Overcoming
such delays during this phase of the project is not easily achieved even if the
cost of the necessary acceleration can be accommodated within the financial
budget for the scheme and it is essential that, apart from the pre-planning of
the project that has been previously identified, the project team closely monitor
the contractor’s progress so that any areas of possible delay can be detected
THE CONVENTIONAL METHOD 35
Cost
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