CÁLCULO DE COSTES DE PRODUCCIÓN

14.5 Addenda to tender dossier

Any tenderer requiring clarification of any document in the tender dossier should submit his queries to the employer/engineer in writing, as stated in the instructions to tenderers.

The employer/engineer should prepare and despatch written replies to queries. These replies, together with the text of the queries, should be issued to all tenderers without quoting the source of the queries,

and the tenderers should be required to acknowledge receipt of the information.

Tenderers should be instructed that queries will not be accepted by the employer/engineer unless received 35 days before the date for submission of tenders.

Replies to queries should, where appropriate, be issued as addenda to the tender dossier.

14.4.1 Correspondence method

Tenderers’ queries can be handled by correspondence or by tenderers’ conference, or by a combination of these methods.

The intended method or methods should be described in the instructions to tenderers.

14.4 Tenderers’ queries

14 Obtaining Tenders:

Dredging and Reclamation Works

157

The FIDIC Conditions of Contract for Dredging and Reclamation Works stipulates the establishment of a

‘standing’ or ‘full-term’ Dispute Adjudication Board (DAB) before the commencement of the contract works, which typically will visit the site on a regular basis thereafter. The DAB is to comprise one or three members depending on the size and complexity of the contract works, and an important purpose is to assist the parties to avoid disputes. Normal exchanges of viewpoint or differences of opinion between the parties are not considered as disputes. However, when it becomes apparent that it is not possible for the parties themselves to come to agreement on a contentious matter then it can be said that a dispute has arisen. If a dispute does arise then either party may refer that dispute to the DAB. The DAB will then adjudicate on the dispute and give its decision on the entitlements of each party with regard to the dispute. The DAB’s decision is binding on the parties, and is to be given prompt effect by both parties and the engineer. If a party does not accept the DAB’s decision, that party may give notice of its dissatisfaction, and the dispute may then be submitted to arbitration. The decision shall nevertheless be binding and complied with until the arbitration award is made.

Until the mid-1990’s the FIDIC forms of contract had an independent 'engineer' who was required to be impartial when making decisions on matters concerning the rights and obligations of the parties, e.g., when assessing and awarding extensions of time or dealing with claims from either party. This procedure led to complaints that the engineer might not always act in an unbiased manner, as he was appointed by and paid for by the employer. FIDIC therefore introduced the DAB procedure where the DAB members are required to be independent of the parties and be strictly unbiased in all their actions and decisions. True impartiality of each and every member of the DAB is essential for the proper and fair operation of the DAB, and the FIDIC DAB agreements contain

strong sanctions to ensure the independence and impartiality of the DAB members.

Consequently, for international contracts, i.e., where the parties come from different countries, no DAB member should be from the same domicile as any of the contracting parties or the engineer. The reason is that in many jurisdictions it may be very difficult for a national to find or decide against his own state organisation. Such a situation (appointment of a national) can lead to that DAB member departing from the independent and impartial role that is required of every member. It is unfair to place a DAB member in such a situation. Furthermore, a similar situation may arise if either party makes a habit of appointing the same DAB member for successive projects.

In order to establish the DAB in an effective way and without delay, it is recommended that the employer includes in the tender dossier a short list of persons, with their CV’s, who the employer considers suitable to act as members of the DAB. Each tenderer then may accept the employer's list, or delete names from the list and/or add names of his own choice. This may help the parties to agree upon the members of the DAB, so that their selection may be confirmed in conjunction with the signing of the contract.

As the costs of the DAB are to be met equally by the employer and the contractor, both parties must remember to include in their financial calculations for these costs.

As an alternative to a ‘standing DAB’, which is appointed at the commencement of the contract and is active throughout the contract, provision may be made for an ‘ad-hoc’ DAB which will only be appointed when a dispute actually arises (see Section 12.6 above).

14.6 Dispute Adjudication Board (DAB)

as a direct request from one or more tenderers, the following criteria should be applied:

- Is there a convincing reason for granting an extension?

- Would the refusal of an extension reduce the number of tenders to be submitted?

- Would an extension give preferential treatment to those tenderers who are unable to meet the original tender submission date?

- Would an extension create unacceptable delay to the project programme?

14 Obtaining tenders:

Dredging and Reclamation Works

It is the responsibility of tenderers to ensure that their tenders are delivered to the employer by the due submission date and time, properly signed by authorised signatories.

Tenderers should be instructed to return their tenders double-wrapped in plain envelopes or packages using pre-addressed labels provided by the employer.

The labels are to be affixed to the outer wrapping and should preferably be distinctive and carry the words

“Tender for Contract No. ... - To remain sealed until official opening”.

Tenderers should ensure that both their name and address are clearly marked on the inner wrapper to enable the employer to identify the tenderer for use in the event of a late tender having to be returned unopened.

If tenders are delivered by hand, tenderers should obtain a receipt from the employer recording the date and time of delivery.

14.7 Submission of tenders