Microsoft PowerPoint - Chapter 5a - CONTRACTUAL ARRANGEMENT - Contract Price

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    PROFESSIONAL PRACTICE IPROFESSIONAL PRACTICE IPROFESSIONAL PRACTICE IPROFESSIONAL PRACTICE I

    [QSD 289][QSD 289][QSD 289][QSD 289]

    1MohammadMohammadMohammadMohammad NasharudineNasharudineNasharudineNasharudine ShuibShuibShuibShuib

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    SECTION DESCRIPTIONS LINKS

    1 INTRODUCTION2 GENERAL MATTERS

    3 STANDARD FORM OF CONTRACT

    4 METHOD OF PRICE DETERMINANTION

    2

    5 CONTRACTOR SELECTION & APPOINTMENT

    6 PROCUREMENT OPTIONS

    7 CONTRACT STRATEGY

    8 CLIENT PROCUREMENT NEEDS

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    Client organizations are divided between those inprivate and public sectors although this distinctionis becoming more difficult to define since the

    privatization of many national bodies. The private sector includes industrial, commercial,

    social, charitable and professional organizations,and individuals.

    e pu c sec or s a en o mean governmendepartments, nationalized industries, statutoryauthorities, local authorities and developmentagencies.

    The experience which a client has of building

    procurement ranges from extensive, in the case of aclient with a project management team, to none,where a private individual may want a developmentonly once in a lifetime.

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    The traditional method of organizing

    construction work starts with appointing aconsultant designer, usually an architect or

    engineer, or both. Other specialists may be

    ,

    appointed to provide cost information,

    prepare bills of quantity, compare bids and

    maintain financial management during

    construction.

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    BASE ON CONTRACTPRICE

    CONTRACTUALARRANGEMENT

    BASE ONCONTRACTORSOBLIGATIONS

    15

    Fixed Price

    Cost

    Reimbursement

    Conventional

    Design and Build

    ManagementContracting

    Others

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    MEASUREMENTCONTRACT

    16

    @CONTRACT PRICE

    QUANTITIES

    RATES

    DRAWINGS &SPECIFICATIONS

    BILLS OFAPPROXIMATEQUANTITIES

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    LUMP SUM(contract sum

    pre-determined)

    FIXED PRICE

    RE-MEASUREMENT(contract sum to be

    ascertained on completion)

    17

    Bills of Quantities(BQ)

    Drawing andSpecifications

    Schedule of Rates(adhoc/std)

    Approximate Billsof Quantities

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    FIXED PRICE

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    LUMP SUM(contract sum

    pre-determined)

    FIXED PRICE

    RE-MEASUREMENT(contract sum to be

    ascertained on completion)

    19

    Bills of Quantities(BQ)

    Drawing andSpecifications

    Schedule of Rates(adhoc/std)

    Approximate Billsof Quantities

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    The contractor contract to do the work at a

    price he estimated in advance.He takes the risks of calculating approximately

    how much work is involved & its cost.

    Contract sum is predetermined & stated in thecontract.

    Traditional contracts are usually fixed price

    contract.

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    LUMP SUM(contract sum pre-determined)

    22

    Bills of Quantities (BQ) Drawings and Specifications

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    The contract price is agreed at time of the

    formation of the contract. The contractor is responsible for carrying out

    all the works shown in BQ or Drawings and

    spec ca ons. Example: PAM, PWD, CIDB etc.

    Advantages: client is able to define the

    works & prepare documentation.

    Drawbacks: Documentation must be

    complete before tender.

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    Prepared by QS

    Subject to adjustment for variations. For civil engineering works, the BQ are based on

    estimated quantities (Provisional Quantities),

    the whole work subject to re-measurement. All the contractor tender on the same

    measurement data.

    Drawback: provide the best basis forestimating, tender comparison & financialadministrations.

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    The contractor is responsible for carrying out all

    the works as shown on drawings &specifications.

    The contractor must calculate his TENDER SUM

    ase upon e

    SPECIFICATIONS.

    The contractor will calculate his own quantities.

    The contractor must submit & priced the

    schedule of rates in order to value variations.

    drawback: does not provide for easycomparison of tender sums.

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    RE-MEASUREMENT

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    RE-MEASUREMENT(contract sum to be ascertained

    on completion)

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    Schedule of Rates(adhoc/standard)

    Approximate Bills ofQuantities

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    The parties do not pre-agree any price for

    the works as a whole. But they do pre-agree the rates of payment

    to which the contractor shall be entitled.

    Sometimes described as dayworks contract orcontract with approximate quantities.

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    The cost of the works is calculated by applying anagreed schedule of rates to the work actuallydone.

    The schedule is similar to a BQ but without thequantities.

    Contractor is re uired to insert his rice a ainst

    the items in the schedule. Alternatively, a priced schedule is prepared & the

    contractor is asked to quote a percentageadjustment (plus @ minus) to the rates.

    The contractor is paid for the actual workdoneaccording to the schedule of rates.

    The total cost the project is unknown until the

    works is completed. 33

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    All the works would be re-measured upon

    completion.

    Approximate quantities are prepared & thecontract price is based upon the actual quantities

    of works executed which are re-measured durin

    the course of construction. Example: Civil Engineering Works

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    COST

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    COSTCOSTCOSTCOST

    COSTCOSTCOSTCOST ++++ %%%%

    COSTCOSTCOSTCOST ++++ FIXEDFIXEDFIXEDFIXED

    37

    REIMBURSEMENTREIMBURSEMENTREIMBURSEMENTREIMBURSEMENT FEEFEEFEEFEE

    COSTCOSTCOSTCOST ++++FLUCTUATINGFLUCTUATINGFLUCTUATINGFLUCTUATING

    FEEFEEFEEFEE

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    Also known as PRIME COST / COST PLUS because

    the method of payment is by reimbursement tothe contractor of his prime cost plusmanagement fee.

    r me cos means: e o a cos o e

    contractors, of using & hiring plant & employing

    labours to carry out construction works.

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    Advantages

    The time required for preparation of tender

    document & for obtaining tender is minimized.

    Early start on site to be made.Work on site may proceed before the detailed

    desi n is com lete.

    39

    Disadvantages

    The parties have least indication of theircommitments.

    Cost of construction to the client is greater. The computation & verification of the total

    prime cost is a long & tedious process.

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    Most uneconomical type of contract & should

    only to be used in certain circumstances.

    For example: where cost is less important factorthan time.

    3 types:-

    a. Cost Plus Percentage Feeb. Cost Plus Fixed Fee

    c. Cost Plus Fluctuating Fee

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    COST PLUSPERCENTAGE

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    REIMBURSEMENTCONTRACT

    COST PLUSVARIABLE FEE

    COST PLUS FIXEDFEE

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    Contractor is paid actual cost of the work

    incurred plus a percentage of the actual cost, tocover his overhead & profit.

    May provide schedules to determine the prime

    cos .

    No incentive to contractor to make good

    progress or to save money because his fee rise

    with the total cost of the job.

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    The contractor is paid a fee equal to an agreed

    % of the prime costs.

    The fee paid to the contractor is a fixed sumwhich normally vary with the total prime cost.

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    Due to uneconomic organization of the contract,

    inefficiency & excessive waste, the total prime

    cost was RM55,000.00.

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    The contractors overhead still RM7,500 but theprofit would be RM3,500 [RM11,000 RM7,500]

    More inefficient contractors operations, thegreater waste of resources, the higher fee paid

    to the contractor.

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    The fee is a fixed lump sum.

    The fee remains constant even when cost vary.The contractor does not profit by increased

    expenditure unless the nature of the work is

    su s an a y a ere .

    The contractor has more incentive to finish

    quickly & minimize his profit as percentage

    turnovers.

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    The fee paid to the contractor is a fixed sum

    which normally does not vary with the total

    prime cost.

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    Due uneconomic organization of the contract,

    inefficiency & excessive waste, the total Prime

    Cost RM60,000 (excess RM10,000), then thetotal cost would be:-

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    Similar to fixed fee. An estimate is made of the

    total cost. The amount of the fee received by the

    contractor varies inversely to the costs actually

    ac eve a s ng sca e.

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