Public Sector Procurement

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:

1. 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 (plan holders 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
2. 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
3. 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 contractors 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 markups 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
4. 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