Public sector procurement is a highly specialized practice requiring unique knowledge. To make sure your infrastructure project gets off to a strong start, use this checklist as a “cheat sheet” to ensure a fair, open and transparent process:
- Provide access to information that is significant to the openness of a procurement:
- Budget information on the value of construction
- Make public access to bid documents easier, ideally through centralized electronic distribution
- Provide the names of prime bidder participants (planholders lists or site visit lists)
- Limit the number of pre-qualification requirements (this will encourage competition)
- Embrace the use of technology for distribution of information and bidding
- Employ openness criteria (as set out herein) for Trade Contractors under CM
- Have established procurement processes that create transparency:
- Make sure any pre-qualification protocols are not subjective
- Provide public bid results for all the participants in a bidding protocol
- Provide award information for the successful proponent
- Provide debriefs for proponents when a pre-qualification protocol is in use
- Have public bid openings for bid closings
- Provide public information for bid results in a timely manner
- Employ transparency criteria (as set out herein) for Trade Contractors under CM
- Have established procurement processes that provide fairness:
- Use industry standard documents that provide a reasonable distribution of the risk
- Do not use Privilege Clauses that create potential for bidder preference
- Do not use Privilege Clauses that remove contract A
- Respond to inquiries for information in a timely and accessible manner to all participants in the bidding regime
- Use industry established protocols that support fairness for the trade contactors and suppliers:
- Use of BidCentral Online Bidding for Subcontractors.
- Require the naming of significant trade contractors and suppliers
- Provide public information about named trade contractors and suppliers
- Provide quality documents that clearly establish the scope of work
- Establish mark ups on changes to the work that don’t expect the contractors to carry unfair burden for poor quality document
- Employ fairness criteria (as set out herein) for Trade Contractors under CM
- Industry Collaboration:
- Provide industry with pre-construction information
- Engage industry in constructability reviews
- Engage industry in market soundings
- Have established protocols to ensure prompt payment
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