Core curriculum topic: Procurement and contracts

To help you gain the skills you need to practise architecture now and in the future as a RIBA Chartered Member, we have defined 10 mandatory core curriculum topics to address through CPD.

The topic Procurement and contracts covers understanding the legal and regulatory basis of the procurement system. The topic also covers having the knowledge and skills to negotiate consultant procurement and win work, and to ensure you have the right building or professional services contract or agreement in place for a project.

Procurement and contracts

This competency potentially covers

The legislative framework

WTO GPA (World Trade Organisation Government Procurement Agreement)
EU Directive 2014/24
Public Contract Regulations 2015 and what it allows and requires
The Social Value Act
Small Businesses and Enterprise Bill
English, Welsh, Scottish and Northern Ireland Regulations and authorities standing orders
Threshold values of OJEU (Official Journal of the European Union)
Obligations on tenders below thresholds under trade treaties and regulations
Restraint on abnormally low tenders
RIBA Plan of Work 2013:procurement task bar

What is possible and what to look our for

Preliminary Market Engagement (PME)
How procurement tender and its value is defined
Award criteria: cost effectiveness, life cycle costing, balanced score cards and MEAT (most economically advantageous tender)
Appropriate cost/quality ratio
Understanding requirements and evaluating detailed brief requirements
The programme, resources and cost of competing

Reading an OJEU notice

The contract value
The contracting authority
The object of the contract, including whether variants are acceptable and consortia are allowed
Legal, financial and technical information
Economic and financial ability and whether the service is reserved for a particular profession
Likely number of procurement stages
The cost quality weighting in the assessment
The procedural type route and contract terms and conditions revealed
Understand OJEU layouts, notice access, the CPV (common procurement vocabulary) and NUTS (Nomenclature of Territorial Units for Statistics) codes

Tactics in tendering for work

Pre qualification

How to use centralised purchasing arrangements and pre qualification services
Learn what a good EOI (expression of interest) looks like
Learn how to complete a PQQ (pre qualification questionnaire)
Learn how to demonstrate track record and previous experience

Tendering

What a good tender return looks like
How to submit cost effective bids
How to demonstrate social value demanded by a Social Value Levy
How to demonstrate cost-effectiveness through quality criteria (MEAT and balanced score cards)
How to demonstrate a design approach that meets client outcomes
How to get onto frameworks and getting called off

Frameworks

Selection off a framework by mini competition
The third competitive stage assessment
Assessment models for design, fee bid or other
Other techniques: full house or pack thinned; by lot, rotational, randomised, ranking from initial assessment, level playing fields

Procurement methods

Selecting the appropriate procurement method
Nature and scope of work proposed
How the risks are to be apportioned
How and where design responsibility is placed
How the work is coordinated
On what price basis the contract is to be awarded
The effect of different procurement routes on programme, cost, risk, quality
Design responsibility and third-party rights
Claims, litigation and alternative dispute resolution methods
Collaboration and briefing in construction and provisions for team working
Site processes, quality monitoring, progress recording, payment and completion

The right contract

Understanding the different contracts and forms of appointment
Advising the client on the right/best form of contract to be used, and keeping up to speed on updates and amends on the various forms of contract.
Duties and powers of a lead consultant and contract administrator
Agreeing and knowing how specific contracts are to be adjudicated and adjudication agreements
Collateral warranties

Contract law and case law

Contracts for professional services
Contracts for building projects
Standard forms of contract
Non-standard forms of contract

Selecting the appropriate type of contract

Traditional

Lump sum
Measurement
Cost reimbursement

Management

Management contracts
Construction management contracts
Design, manage, construct and in some cases maintain

Design and build

RIBA Contracts for domestic and simple commercial projects
RIBA agreements for the appointment of architects and specialist consultants

Other types of contracts and agreements for specific issues

Public sector consultancy agreements
Framework agreements and guides
Homeowner contracts
Intermediate building contracts
Major projects
Minor works
Pre-construction services
Prime cost
Repair and maintenance

Find CPD on this topic

You must take two hours of CPD on this topic every year.

Find RIBA accredited CPD on Procurement and contracts through RIBA Academy.

Related courses include:

Podcasts, videos, articles, and other offers can also contribute towards your CPD requirements.