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