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Guide letters provide advice about matters architects should consider when composing letters to the parties involved in architectural projects.
1. Note
1.1 This letter is sent to obtain information from prospective tenderers prior to tender. It is not a request for a contractor to submit a tender, or to preregister for a tender list.
2. When and how
2.1 You should assist your client to select suitable contractors to tender on the project. As the primary consultant you should check each prospective tenderer thoroughly on the available information.
2.2 This letter will help you to obtain information regarding a contractor's suitability to tender.
2.3 You would only send this letter to contractors who have:
- indicated their willingness to tender (after prior contact, usually by phone)
- been declared generally acceptable to your client (a quick licence and history check from each states’ governing body is recommended)
- been checked by specialist consultants (where applicable) and declared generally acceptable.
2.4 You should send this letter before you finalise the tender list of contractors acceptable to your client.
3. Content
The following is a checklist and you should amend it (delete, add special requirements etc) as appropriate for your particular project.
Advise:
- project type, size, location
- client/owner's name and address
- restrictions (access, noise etc)
- whether a bill of quantities will be issued
- tender period (when documents are to be issued, closing date etc)
- number of tenderers to be invited
- contract time (if this is to be fixed by client)
- proposed contract type (special clauses, special requirements including frequency of claims for payment etc)
- special monetary conditions
- any other special conditions which may affect the contractor's decision to tender
- when information is required
- industry standard prequalification criteria
- how the tender will be assessed (on price, methodology, experience etc).
Request:
- trade credit references
- name of bank, branch and manager's name (for contacts bank to bank)
- date of company incorporation (if applicable)
- names of directors
- value of shareholders' fund
- details of licence (number, type etc)
- details (written and/or supported by photographs) of three or four recent projects completed or about to be completed, preferably of similar type and size, giving the following for each:
– job name and address
– client/owner's name
– name and contact details of architect
– how the project was awarded (tender, tender type, open or
restricted numbers)
– contract amount
– final cost
– contract time
– completion time
- total value and stage of progress of current work
- estimated total value of work (excluding this project) during contract period of this project
- availability and experience of proposed supervisory personnel on site
- any other specific information your client needs to make an assessment of the suitability of the contractor for the project.
4. Action
4.1 In order to advise your client professionally you need to have sufficient information to assess all prospective tenderers' suitability. Whether you write a letter or obtain the information by other means such as a personal interview is up to you. The letter is preferable and is strongly recommended.
5. What happens next?
5.1 Submit information compiled with your recommendations to your client.
5.2 Agree with your client on the extent of check on contractors’ details, who will undertake each of the various checks and when this is to be done.
5.3 You should not agree to undertake checks outside your competence as an architect, such as financial status of contractors, although you may provide information (but not recommendations) on such matters.
5.4 Arrange a meeting to finalise a tender list.
5.5 For smaller projects the client may leave you to manage the process and ask you to compile a recommended tender list. This instruction from the client should be confirmed in writing.
5.6 Note: Contractors with small paid-up capital may have to provide personal guarantees regarding performance. The same may apply to a client/owner if a contractor is in doubt about their ability to finance their commitments under the contract.
6. Are there other possibilities?
6.1 If the information sought is available from recent tenderers, request details of any changes.
6.2 Agree with your client to select tenderers of known performance.
6.3 If your client suggests contractors to be included in the tender list, inform them that it is prudent and ethical for their details to be checked in the same way as detailed above.
7. What can happen if you don't?
7.1 If your client does not agree to 6.3 above you should assess the possible ramifications and write to the client that, should the nominated tenderer be successful, you cannot accept responsibility for possible loss arising out of their deficiencies which could have been reasonably identified if a check had been carried out.
8. Copies
8.1 Architect's file
8.2 Client
8.3 Relevant specialist consultants
Disclaimer
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