Introduction to FIDIC - Technical Specifications - Employer’s Requirements

1. Introduction to FIDIC - Technical Specifications - Employer’s Requirements

2. For constructions we generally use twotypes of Specifications: Technical Specifications As appropriate to the Red Book must describe: - quality of materials - quality of workmanship - assembly • location of permanent works and Employer’s (Performance) Specifications: Used where elements of, or all of the design, is not complete and is to be progressed by the successful Contractor (Yellow Book). They describe the performance parameters of finalised works

3. Compliance with EC Public Procurement Directives • Generally the EC Public Procurement Directives, contain little if any that is inconsistent with PRAG, regarding Technical Specifications • A key point of the Directives is to remove obstacles to the free movement of goods and services in the context of a single market • Non-objective and biased Technical Specifications in the field of Public Procurement are significant hindrances to the establishment of open and fair competition • In terms of open and fair competition, PRAG states that where products cannot be described in a sufficient clear or intelligible manner, they may be named as long as the words “or equivalent” follow them, but otherwise no brand name or model can be indicated in the Technical Specifications

4. Preparation of Technical Specifications Under New Red Book

5. The key words are: “Describe everything about the materials and workmanship that cannot be shown on the drawings” • The Specification should not overlap with other documents • Each document has its own responsibility and is linked with the other documents • Specification should not contain any references to money (other than provisional sums) • The Tenderer/ Contractor takes into account all the provisions of the specification within the rates and prices included elsewhere in the Tender/ Contract documents

6. Phraseology of Specifications needs to be positive and concise: • Typical words of strength in instructions are for example ‘Shall’ ‘Will’ ‘Must’ • To be avoided is the use of ‘may’ as in for example, ‘may be required’ • Such phrases and loose terms indicate that the Contracting Authority is undecided or does not have details, the Contractor can’t be deemed to have included in his rates and prices for such uncertainty. Moreover, Contractors may exploit such aspects • The standard element should ideally be National, but if not achievable, it should be at least standard across one or more Implementing Agency’s.

7. Chapters of Specifications The content should be divided into key elements, for example, but not limited to: • Site clearance • Earthworks • Drainage / Pipework • Road pavements • Piling and Foundations • Structural concrete • Structural steelwork • Rail Track • Tunnels, etc. • Environmental/ Landscape/ Ecology

8. In Summary: • The purpose of Technical Specifications (for Supply and Works Contracts) and Statements of Requirements is to give instructions and guidance to Tenderers • Importance of thorough preparation • Ensure that project has been properly conceived • More time and effort during project preparation will save time and money in the later stages of the project cycle • Technical Specifications must afford equal access for candidates and Tenderers and not create unjustified obstacles to competitive tendering

9. Preparation of Employer’s Requirements Under New Yellow Book

10. New ‘Yellow Book’ Conditions of Contract for Plant and Design Build: • For electrical and mechanical plant • Building and engineering works designed by the Contractor ‘Employer’s Requirements’ • The document entitled Employer’s Requirements, as included in the Contract, specifies the purpose, scope and/ or design and/ or other technical criteria for the works • The Employer’s Requirements is the document that states the precise requirements for completed works including functional requirements, quality and scope

11. FIDIC Clause 1.5 – Priority of Documents • the Contract Agreement (if any) • the Letter of Tender • the Particular Conditions • these General Conditions • the Employer’s Requirements (Technical Specifications in the Red Book) • the Price Schedules (Bills of Quantities in the Red Book), and • the Contractor’s Proposal and any other documents forming part of the Contract If an ambiguity or discrepancy is found in the documents, the Engineer shall issue any necessary clarification or instruction

12. The Employer’s Requirements that state the precise requirements of Employer for the completed Works should not: • specify any matters that would be anyway imposed on the Works by the applicable law • reduce the Contractor’s design responsibilities • be imprecise and difficult to enforce • rely on the future opinions of the Engineer or Employer’s Representative, which Tenderers cannot evaluate • Employer’s Requirement’s may include outline drawings for the proposed Works. (Often referred to, as ‘Illustrative Design’) • The incorporation of such design aspects must give full consideration for any consequences and the ultimate responsibility for this information

13. Available supporting information • geotechnical data • topographical data • environmental data • legal framework for the site • historical maintenance data • progress/ management meetings • traffic management and liaisons • partnering requirements • publications to be retained on site

14. Key information related to FIDIC Clauses Certain Clauses are to be read in conjunction with the Technical Specifications/ Employer’s Requirements: • 1.8 Number of copies of Contractor’s Documents • 1.9 Errors in ER: • Possible extension of time • Possible payment of costs, plus a reasonable profit • 1.13 Permissions being obtained by the Employer • 2.1 Phased possession of foundations, structures, plant or means of access

15. Key information related to FIDIC Clauses • 4.1 Intended purposes for which the works are required: • any works necessary to satisfy the ER, Contractor’s Proposal and Schedules • All works necessary for the stability or completion, or safe and proper operation of the Works • 4.6 Other contractors on the site • 4.7 Setting out benchmarks, reference lines and levels, surveying requirements • 4.14 Third parties • 4.18 Environmental constraints • 4.19 Utilities available on site

16. Key information related to FIDIC Clauses • 4.20 Employer’s equipment and free use material • 5.1 Criteria for design personnel • 5.2 Contractor’s Documents and whether for approval • 5.4 Technical standards and building regulations • 5.5 Operational training of the Employer’s personnel • 5.6 As-built drawings and other records of the Works • 6.6 Facilities for the personnel • 7.2 Samples

17. Key information related to FIDIC Clauses • 7.3 Testing during manufacture and/or construction • 9.1 Tests on completion • 9.4 Damages for failure to pass Tests on Completion • 12.1 Tests after Completion • 12.4 Damages for failure to pass Tests after Completion • 13.5 Provisional Sums • Other requirements to be detailed: location of site, risk management, confidentiality, publicity and publications, forms of guarantees