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The evaluation of maintenance tenders is a task that involves not only consideration of the prices offered, but the financial and technical expertise of the tenderers as well. The evaluations can be highly complicated and lengthy when dealing with large projects and numerous tenderers. Presents an evaluation methodology in the form of a tabular procedure to be used by the evaluators of maintenance contracts. Develops seven tables to provide quantitative values for the submitted tenders. The first five tables are designed to evaluate the technical efficiency of the tenderers, while the sixth table is designed for the final evaluation including prices. In the first table, the tender compliance as per the requirement of the tender document is evaluated. Uses the second table to evaluate the support and maintenance plan. The third table presents an evaluation of the experience and the financial status of the tenderer. The fourth and fifth tables are used to evaluate the tenderer’s staffing proposal and how it is related to the requirements of the project. The sixth table summarizes the evaluation of the previous four tables for each evaluator. The seventh table illustrates the final evaluation of each tenderer, and hence a decision could be made. By adding the average technical score of each tenderer to his price score, the evaluator can easily rate each tenderer’s ability to carry out the work rather than depending only on price, which might not always mean a good choice.

Target cost contracts are growing in popularity but concerns remain about the interplay between fee, target, sharing ratios and the final price. This paper offers a fundamental analysis of the principles under‐pinning target contracts. It shows that there is scope for manipulation of tenders and that suboptimal methods of tender evaluation are in use. The paper analyses both fixed fee and percentage fee contracts. Methods of tender evaluation are proposed that will both reduce the scope for manipulation by tenderers and increase the likelihood of the contract being awarded to the tenderer whose final price will be the lowest. The analysis reveals a strong case for setting the contractor's share of cost overrun or underrun at a value that is not less than 50%. Finally, the paper proposes two simplifications that would reduce the number of variables in target cost contracts of the future. One is for the employer to set the fee and the other requires only that a target be tendered but with the fee built into it.

During the tendering process for most major construction contracts there is the opportunity for bidders to suggest alternative innovative solutions. Clearly clients are keen to take advantage of these opportunities, and equally contractors want to use their expertise to establish competitive advantage. Both parties may very well benefit from the encouragement of such innovation and the availability of cheaper methods of construction than have been contemplated by the tendering authority. However recent developments in common law have raised doubts about the ability of owners to seek alternative tenders without placing themselves at risk of litigation. This common law has recognised the existence of the so‐called “tendering contract” or “process contract”. Since the tendering process is inherently price competitive, the application of the tendering contract concept is likely to severely inhibit the opportunity for alternative tenders. The “tendering contract” is automatically brought into being upon the timely submission of a conforming tender. This is contrary to the traditional view that an invitation to tender was considered to be no more than an invitation to treat, therefore submission of a tender creates obligations for neither party. Under the “tendering contract”, the owner becomes obliged to treat all tenderers equally and fairly. This paper is primarily based on the literature review. The aim of this paper is to highlight the problems with the competitive tendering process in relation to contractor‐led innovation and explore ways in which owners can develop procurement procedures that will allow and encourage innovation from contractors.

Ghana’s legal framework for procurement has undergone substantial reform to increase its efficacy. However, disregard for legal obligations set forth has resulted in issues of fraud, corruption and poor oversight. This study seeks to synthesize literature on the recognition of legal obligations arising from tendering procedures and measures to promote fairness, transparency and accountability under Ghana’s procurement framework.

Legal frameworks and publications from diverse countries have been synthesized using a systematic literature review across three databases (Scopus, JSTOR and HeinOnline) to illuminate key concepts, issues and best practices relevant to the study. Data obtained from included publications was synthesized using Sandelowski and Barroso’s two-step approach by using a qualitative meta-summary and thematic synthesis.

The study reveals that issues of conflict of interest, corruption, lack of capacity, inadequate oversight and insufficient legal follow-through hinder the effectiveness of procurement regulations. The findings highlight the need for targeted improvements in resource allocation for consistent application of transparency measures, regular publication of notices and robust enforcement of accountability mechanisms. The report proposes the creation of a common data environment for networking and information dissemination, implementing feedback systems and trust rating schemes.

The study contributes to the body of knowledge on procurement regulation by providing a thorough analysis of Ghana’s procurement framework. The findings will help policymakers close the observed implementation gaps by guiding the revision of current legislation and the introduction of new regulations. Research findings can be used to guide the creation of focused training courses.

This study, one of the first of its kind in Ghana, examines the current procurement framework, including legal obligations and implementation challenges. It contributes to the body of knowledge on the subject by providing a current and fact-based analysis as well as relevant recommendations for strengthening the framework.

This paper examines data protection related ex ante transaction costs borne by the private sector in the context of smart city service (SCS) public tendering in the European Union after the introduction of the General Data Protection Regulation. This study aims to establish the determinants of ex ante transaction costs related to data protection as well as to determine their relevance toward (tender) competition.

A statistical analysis of a survey sample of 72 SCS tender bids.

The potential of relationship management to foster more private sector investment in data protection for SCSs is established, i.e. stronger ties between parties lead to higher private sector investment. Furthermore, it is found that investing more in data protection can further boost both internal capabilities and the organizational reputation of tendering organizations. Finally, the analysis exposes a potential problem concerning the market for data protection originating from the dominant approach concerning SCS tender bid evaluation.

SCS tender bid evaluation is not perceived by the evaluated companies as having data protection as a (core) component. As a consequence, there is no strong competition in that specific area. To induce the private sector to structurally develop SCSs that can be expected to safeguard the fundamental rights of citizens, a more thorough evaluation of data protection aspects of bids imposes itself. Such an overhaul is likely to demand additional public sector resources and expertise.

This paper constitutes an early investigation into data protection related ex ante transaction costs borne by private sector actors. Incentives for data protection investment in the context of public procurement procedures are discussed.

The British North American colonies were the first western economies to rely on legislature-issued paper monies as an important internal media of exchange. This system arose piecemeal. In the absence of banks and treasuries that exchanged paper monies at face value for specie monies on demand, colonial governments experimented with other ways to anchor their paper monies to real values in the economy. These mechanisms included tax-redemption, land-backed loans, sinking funds, interest-bearing notes, and legal tender laws. I assess and explain the structure and performance of these mechanisms. This was monetary experimentation on a grand scale.

This chapter focuses on policy intervention that has grown in popularity in the UK since the financial crisis of 2008. The focus is on inclusive growth and more specifically, community wealth building. The concept has been picked up by institutions and think tanks at multiple scales from the OECD to local government. We aim to address the tensions in community wealth building and in particular how local authorities in the UK are adjusting their procurements strategies to increase the tendering capabilities of SMEs in their political geography.

We introduce a UK-based study utilising an ESRC-funded case study, desktop research and semi-structured interviews to investigate how well the region of Greater Manchester (GM) ecosystem was equipped to prepare small firms to learn how to compete for public contracts with evidence applicable to other large-scale tenders.

Overall, at the time of writing business support across GM does not create the value proposition of enabling small firms to be capable at tendering and thus undermines community wealth building (CWB) efforts. The advice on offer is sparse; it offers partial or no advice about different capabilities and is often limited to simple guidance stating procurement rules and compliance demands. Information is often abstract and technical support is also fragmented, making it unlikely that small firms will find resources. Advice fails to engage with evidence on how small firms learn and to provide a learning process. In particular, support to raise absorptive capacity and strategic commitment to tendering, build basic tender readiness and develop and refresh tendering capability is not evident. Training, coaching and peer learning are largely absent.

UK appears to be an experimental ground for CWB with dedicated think tanks and several examples such as the ‘Preston Model’. GM is a suitably sized and comparable region to offer transferable knowledge and indicators to support regions to innovate. We offer a ‘Dashboard of Priorities’ to enhance business support to SMEs so they can win at tendering, thus strengthening CWB policy and impact. Furthermore, we are adding clarity to a fuzzy definition of CWB and define inclusive procurement. We assist global policymakers to answer the fundamental question; are we doing all that we can with these significant resources to create an economy which truly benefits the people? By examining the ideas of community wealth building and inclusive procurement from a local authority and SME perspective, we can extrapolate finings for international comparison and offer an in-depth look at how the execution of this policy can be strengthened to deliver maximum benefit to their communities. The implication is to focus attention on how institutions (public or private), by way of better execution, can enhance the economic resilience of their own local ecosystems/places.

Fluctuations in the tender price index have an adverse effect on the construction sector and the economy at large. This is largely due to the positive relationship that exists between the construction industry and economic growth. The consequences of these variations include cost overruns and schedule delays, among others. An accurate forecast of the tender price index is good for controlling the uncertainty associated with its variation. In the present study, the efficacy of using an adaptive neuro-fuzzy inference system (ANFIS) for tender price forecasting is investigated. In addition, the Box–Jenkins model, which is considered a benchmark technique, was used to evaluate the performance of the ANFIS model. The results demonstrate that the ANFIS model is superior to the Box–Jenkins model in terms of the accuracy and reliability of the forecast. The ANFIS could provide an accurate and reliable forecast of the tender price index in the medium term (i.e. over a three-year period). This chapter provides evidence of the advantages of applying nonlinear modelling techniques (such as the ANFIS) to tender price index forecasting. Although the proposed ANFIS model is applied to the tender price index in this study, it can also be applied to a wider range of problems in the field of construction engineering and management.

Competitive tendering in South Africa is often associated with procurement based on the lowest fee tendered. Previous research on this topic did not provide in-depth examinations of how pricing within consulting engineering companies was affected by competitive tendering nor did it illuminate the extent to which professional services were impacted by competitive tendering. This paper aims to examine the implications of competitive tendering on pricing and delivery of consulting engineering services in South Africa.

A survey research strategy with a questionnaire as the research instrument elicited qualitative data from 28 experienced consulting engineers in South Africa. Thematic analysis was used to analyse qualitative data from the questionnaires.

Three key themes were identified, namely: considerations when determining consulting engineering fees on competitively tendered projects; the impact of reduced fees due to competitive tendering on the delivery of consulting engineering services; and interventions to prevent unsustainably “low” professional fees. Many consulting engineers in South Africa still determine fees using fee scales, while other considerations include resources, project complexity, risk, etc. Most participants asserted that design optimisation/value engineering, training, meetings and construction monitoring were adversely impacted by “low” fees.

This paper provides in-depth qualitative feedback from experienced consulting engineers (most having more than 20 years’ experience) on a topical issue in the South African construction industry. Thematic analysis was a novel method of analysis that was not used previously in this area of study.