FRUSTRATION OF TENDERING PROCESS


Tendering is an important function of a quantity surveyor; it is a process that influences the performance of the construction contract. Tendering is a sacred process carried out by cost professionals not only for the award of the project or supply but to also give assurance into the project of its execution and completion. Failure to adhere to the tendering doctrines could give room to negative project consequences during and after the project. Tendering doctrines are ethical behaviours the society expects of a professional to display at all times in the discharge of its duties. Tendering activities are predominant during the pre-contract stage of a construction project, there are possibilities that this process will be performed during the post-contract stage of the project. The tendering process starts after the establishment of the contract budget and ends with the award of the contract package. As a result of the importance of the tendering activity on the overall construction outcome, pressure develops within and outside of the project. This pressure when successful determines and influences the performance and outcome of the project. Rapsomanikis (1980) detailed contract frustration as an unforeseen occurrence, prior to the date of the contract, rendering performance either legally or physically impossible or excessively difficult, impracticable, or expensive or destroying the known utility which stipulated performance had to either party. This position gives an insight into the huge interest associated with the construction contract, and how stakeholders’ duty performance can frustrate a contract. Regardless of the contract size, interference to the component of the contract aside from the known and shared ones constitute frustration that should be cautioned and discouraged.

 

Classification of frustration in tender

Unethical act

Lack of Knowledge

Social/ Environmental

 

Activities that constitute frustration

Divulge of sensitive contract details

Designs not detailed on priced items

Budget fixed on perception and not detailed designs

Little understanding of scopes that constitute the project by the contractor

Little knowledge about the material composition of the project

Cost negotiation behind the QS

Interest in the specific package by stakeholder

Connivance between supplier and contractor

Connivance between contractors

Pressure to award the contract prematurely

Designer expression beyond the approved budget


Effect of frustration on tender

Frustration is an inherent property in a tender however, regardless of its presence, it does not necessarily lead to the cancellation or suspension of a contract. When absolve into the contract, frustration impacts will be felt on the project cost, time, quality, performance, and even communication.


Conclusion

The write-up has been to throw light into our day-to-day practices as a stakeholder in the construction industry, the onus to do the right things is on us.


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