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I DECLARATION I, Kilonzo Julius, hereby declare that this project is my original work and has not been presented for a degree in any other university. Signed …………………………. Date ……………………………… KILONZO JULIUS DECLARATION OF SUPERVISOR This project has been submitted for examination with my approval as a University Supervisor. Signed ……………………………. Date ………………………………… QS.TOM NTARANGUI NG’OLUA

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I

DECLARATION

I, Kilonzo Julius, hereby declare that this project is my original work and has not been

presented for a degree in any other university.

Signed …………………………. Date ………………………………

KILONZO JULIUS

DECLARATION OF SUPERVISOR

This project has been submitted for examination with my approval as a University

Supervisor.

Signed ……………………………. Date …………………………………

QS.TOM NTARANGUI NG’OLUA

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ACKNOWLEDGEMENT

First of all I would like to thank my Almighty God for giving me a chance to study and

with whom all things are possible.

My deepest gratitude goes to my supervisor, QS Ng’olua T. Ntarangui under whose

patience, continued advice and guidance I have managed to successfully finish my

research project.

Special thanks to the members of staff of the Department of Real Estate and

Construction Management who helped me in my studies. Deepest gratitude also goes to

the Quantities and Contracts Department officials of the Ministry of Public Works who

sacrificed their time to avail to me the relevant information that made this project a

success.

To my colleagues in Quantity Surveying class of 2013, am grateful for the attitude that

we shared and the consistent support which will be treasured forever.

To all those who in one way or another contributed to this project’s success, I say thank

you.

God bless all.

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DEDICATION

This work is dedicated to my beloved Daughter Grace and Son Junior who have been a

constant source of inspiration and joy to me. Thank you all for your love, support,

encouragement and Prayers.

I love you all.

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ABSTRACT

The aim of this study was to investigate the variance in pricing similar tenders by

individual contractors. This included the determination of the various tendering

procedures used in the construction industry, the sources of construction cost information

available and the challenges faced by contractors when using prices from such sources.

The study covered various areas with regard to tendering process for instance, the

qualifications for registration of contractors, classification of contractors by the Ministry

of Public Works and various tendering arrangements such as open tendering, selective

and negotiated tendering.

The research adopted administration of questionnaires to a sampled list of contractors

which helped in field data collection.

The research findings indicated that there are several tendering arrangements adopted in

the construction industry but the ones that contractors are mostly aware of are the open,

two-stage selective and negotiated tendering. There are also various sources of

construction cost information and contractors in most cases use the government’s

literature and builders’ price book sources. The contractors also face challenges when

using these sources among them being that it is difficult to interpret the prices and prices

of some items are never provided.

The study recommends that there be standard indices used in the calculation of prices of

items in the construction industry and there should be a standard cost information

document known and used by all the construction industry contractors.

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TABLE OF CONTENTS

DECLARATION .............................................................................................................................. I

ACKNOWLEDGEMENT ............................................................................................................... II

DEDICATION ................................................................................................................................ III

ABSTRACT .................................................................................................................................... IV

TABLE OF CONTENTS ................................................................................................................. V

LIST OF APPENDICES ............................................................................................................... VIII

LIST OF TABLES ........................................................................................................................ VIII

LIST OF CHARTS ......................................................................................................................... IX

LIST OF ABBREVIATIONS AND ACRONYMS ......................................................................... X

CONTEXTUAL DEFINATIONS OF TERMS .............................................................................. XI

CHAPTER ONE .............................................................................................................................. 1

1.0 INTRODUCTION ..................................................................................................................... 1

1.1 Background to the study ........................................................................................................ 1

1.2 Problem statement .................................................................................................................. 4

1.3 Research Questions ................................................................................................................ 6

1.4 Objectives of the study ........................................................................................................... 6

1.5 Research Hypothesis .............................................................................................................. 6

1.6 Scope of the study .................................................................................................................. 7

1.7 Justification and significance of the study ............................................................................. 7

1.8 Research methodology. .......................................................................................................... 8

1.9 Organization of the study ....................................................................................................... 9

CHAPTER TWO ........................................................................................................................... 11

LITERATURE REVIEW .............................................................................................................. 11

2.1 Introduction. ......................................................................................................................... 11

2.2 Strategies of entrepreneurial start ups .................................................................................. 11

2.3 Contracting firms/contractors .............................................................................................. 12

2.3.1 Classification of contractors in Kenya .......................................................................... 12

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2.3.2 Criteria for registration of contractors .......................................................................... 13

2.3.3 Classification of contractors.......................................................................................... 15

2.3.4 Contractors/entrepreneurial function ............................................................................ 16

2.3.5 Size of construction/contracting firms .......................................................................... 16

2.3.6 Organization growth ..................................................................................................... 16

2.3.7 Means of growth ........................................................................................................... 17

2.3.8 Growth Strategies .......................................................................................................... 17

2.4 Construction Procurement ................................................................................................... 18

2.4.1 Components of a procurement process. ........................................................................ 19

2.5 Tendering ............................................................................................................................. 21

2.5.1 Open tendering .............................................................................................................. 22

2.5.2 Single stage selective tendering .................................................................................... 23

2.5.3 Two-stage selective tendering ....................................................................................... 23

2.5.4 Negotiated tendering ..................................................................................................... 24

2.6 Procurement in the public sector .......................................................................................... 24

2.6.1 Why the public sector projects are different ................................................................. 24

2.6.2 Public Procurement Methods and Procedures............................................................... 25

2.7 Development in Contract price forecasting and bidding techniques ................................... 29

2.7.1Designers’ and Contractors’ approaches of contract pricing ......................................... 29

2.7.2 Cost Data ....................................................................................................................... 30

2.8 Sources of construction cost information ............................................................................. 30

2.8.1 Firm’s own data ............................................................................................................ 30

2.8.2 The technical press ........................................................................................................ 31

2.8.3 Builder’s price books .................................................................................................... 31

2.8.4 Information services ...................................................................................................... 31

2.8.5 Government Literature .................................................................................................. 32

2.8.6 University or polytechnic research ............................................................................... 32

2.8.7 Technical information systems ..................................................................................... 32

2.8.8 Combination of both the firm’s data and published data .............................................. 32

2.9 Challenges in using the rates provided by construction cost sources .................................. 33

2.9.1 Reliabilty of the various sources of construction cost information ............................... 33

2.9.2 Uncertainty in building price forecasting: price data considerations ............................ 33

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2.9.3 The source and usage of price data ............................................................................... 34

2.9.4 The structure of the price data ....................................................................................... 34

2.9.5 The continuous generation of price data ....................................................................... 35

2.9.6 The relationship between unit price rates and costs ...................................................... 35

2.9.7 Price indices used in updating of price data .................................................................. 36

2.9.8 Time sensitivity of price data. ....................................................................................... 37

2.9.9 The theory of feedback ................................................................................................. 37

CHAPTER THREE ....................................................................................................................... 39

RESEARCH METHODOLOGY ................................................................................................... 39

3.1 Introduction .......................................................................................................................... 39

3.2 Research Design................................................................................................................... 39

3.3 Description of the study area ............................................................................................... 40

3.4 Population ............................................................................................................................ 40

3.5 Sampling techniques and sample size for contractors.......................................................... 41

3.6 Data collection instruments .................................................................................................. 42

3.7 Variables in the study ........................................................................................................... 42

3.7.1 Independent variables ................................................................................................... 43

3.7.2 Dependent variables / Criterion variables ..................................................................... 43

3.7.3 Measurement scales of variables ................................................................................... 43

3.8 Data analysis and presentation ............................................................................................. 43

CHAPTER FOUR .......................................................................................................................... 45

DATA ANALYSIS AND PRESENTATION ............................................................................... 45

4.1 Introduction .......................................................................................................................... 45

4.2 Response from Contractors .................................................................................................. 45

4.3 Interpretation of data ............................................................................................................ 58

4.4 Problems encountered in the field ........................................................................................ 62

CHAPTER FIVE ........................................................................................................................... 63

CONCLUSIONS AND RECOMMENDATIONS ........................................................................ 63

5.1 Introduction .......................................................................................................................... 63

5.2 Main Findings ...................................................................................................................... 63

Conclusions ................................................................................................................................ 64

5.4 Recommendations ................................................................................................................ 65

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5.5 Areas of further study .......................................................................................................... 65

LIST OF APPENDICES

Appendix 1 References .................................................................................................................. 66

Appendix 2 Introductory letter ....................................................................................................... 70

Appendix 3 Questionnaire to the Contractors ................................................................................ 71

LIST OF TABLES

Table 2.1 Classification of general contractors .............................................................................. 12

Table 2.2 Classification of specialist contractors ........................................................................... 13

Table 2.3 Minimum technical qualifications ................................................................................. 13

Table 2.4 Experience requirements:............................................................................................... 14

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LIST OF CHARTS

Chart4.1 Contractor’s participation in a tendering process .............................................. 46

Chart 4.2: How often the contractors tendered ................................................................. 47

Chart 4.3 Tendering arrangements commonly used in the construction industry ............ 47

Chart 4.4 Factors considered in awarding the winning tender.......................................... 48

Chart 4.5 Awareness of construction cost information sources ........................................ 49

Chart 4. 6 The various sources of construction cost information available in the

construction industry ......................................................................................................... 49

Chart 4.7 Who prices the tenders for the contractors........................................................ 50

Chart 4.8 The cost information sources mostly used by contractors ................................ 50

Chart 4.9 Comparison of the prices in the various construction cost sources .................. 51

Chart 4.10 The degree of variance between the various construction cost information

sources............................................................................................................................... 51

Chart 4.11 Causes of the large variation in prices between the various cost information

sources............................................................................................................................... 52

Chart 4.12 Reliability of the construction cost information sources ................................ 52

Chart 4.13 What needs to be done to lessen variation in the prices of construction cost

sources............................................................................................................................... 53

Chart 4.14 Whether the contractors have ever incurred losses when using the prices

provided in the construction cost sources. ........................................................................ 54

Chart 4.15 How contractors ensure that they gain profits while using the prices in

construction cost information sources. ............................................................................. 55

Chart 4.16 Challenges faced by contractors when using prices from construction cost

information sources ........................................................................................................... 55

Chart 4.17 What needs to be done to avoid challenges in using the prices in construction

cost information sources ................................................................................................... 56

Chart 4.18 Whether the contractors have ever underpriced and the effects of their under

pricing on the project ........................................................................................................ 57

Chart 4.19 Chart 4.19: How contractors recover the amount of money lost by under

pricing ............................................................................................................................... 58

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LIST OF ABBREVIATIONS AND ACRONYMS

KNBS Kenya National Bureau of Statistics

MSEs Micro and Small Entities

GDP Gross Domestic Product

NCA National Construction Authority

VAT Value Added Tax

MOPW Ministry of Public Works

UK United Kingdom

QS Quantity Surveyor

HO1 Null Hypothesis

HA1 Alternative Hypothesis

OSHA Occupational Safety and Health Act

BQ Bills of Quantities

SMM Standard Methods of Measurements

AAK Architectural Association of Kenya

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CONTEXTUAL DEFINATIONS OF TERMS

Small contractor: A company operating at, or near the basic entry level in the

construction industry, with limited physical resources. In this study small contractors

means categories F, G and H.

Tendering: it is an offer in writing by the contractor to execute defined work under

stated conditions at a price. It is the most recognized and effective method of contractor

selection.

Procurement of construction work: Framework, through which construction is brought

about, acquired or obtained any contractual means.

Public procurement; means procurement by procuring entities using public funds;

Corporations and public bodies often define processes intended to promote fair and open

competition for their business while minimizing exposure to fraud and collusion

Entrepreneurship: ability to innovate, seek and exploit opportunities in many

geographical and business areas and combine a variety of resources in an environment

fraught with uncertainty. It’s the process of uncovering or developing an opportunity to

create value through innovation and seizing that opportunity without regard to either

resources (human and capital) or the location of the entrepreneur in a new or existing

company.

Regulations: formal rules and the general legal system relating to contracts, within

which firms operate.

The Act – Means the Public Procurement and Disposal Act 2005

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CHAPTER ONE

1.0 INTRODUCTION

1.1 Background to the study

Building construction is the process of adding structure to real property. Construction is

an economic activity directed to the creation, renovation, repair or extension of fixed

assets in the form of buildings, land improvements of engineering nature and other such

engineering constructions as roads, bridges, dams, etc. Characteristic feature of

construction activity is its volatility and sensitivity to movements in the overall business

activity and the business cycle (Njenga, 2011).

According to Waithaka (2011), data from the Kenya National Bureau of Statistics

(KNBS) showed that increased lending to the private sector for real estate development

boosted activity in the construction sector in the first quarter 2011. Construction emerged

among the top performing sectors in the period alongside financial services and transport

and communication. The sector grew by 10.7 per cent compared to the dismal

performance of 0.3 per cent in the same period in 2010. Financial services and transport

and communication recorded 10.9 per cent and 6.5 per cent respectively. The Kenya

National Bureau of Statistics (2011) stated that activities of the construction industry

expanded substantially mainly supported by increased bank credit for real estate

development to the private sector.

The construction industry also contributes to creation of employment opportunities. This

can either be direct into the industry for both skilled and unskilled. In the case of

unskilled it acts as the training ground for labour in transit from rural areas to urban areas

and for entrepreneurs who have not had much formal education. The construction

industry is a strong generator of employment in both the formal and informal sectors of

the economy.

For instance, (ROK et al, 1999) cited in Wachira and Mitullah (2003) explains that the

informal sector in Kenya has been growing faster than the formal sector, and

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consequently providing more opportunities for employment. In 1999, the sector

comprised 1,289,012 micro and small enterprises (MSEs) contributing 18.4% to GDP and

involving up to 3.7 million persons.ROK (2001) cited in Wachira and Mitullah (2003)

also states that the number of persons involved in the informal sector rose to 4.2 million

in the year 2000 representing an annual growth rate of 11%. In aggregate terms, the urban

areas absorb the greatest number of MSE workers, representing nearly two-thirds of total

MSE sector employment. Nairobi alone accounted for nearly a quarter [24.06%] of total

employment in the informal sector.

The construction industry in Kenya involves various stakeholders: the professionals

(Architects, Quantity Surveyors, Engineers and Planners), the contractors, the employers/

developers/ clients, the Government, the Non-Governmental Organizations, the Local

Authorities and the public. All these stakeholders have a responsibility of ensuring a safer

built environment.

Contractors are practitioners who are authorized to execute projects conceptualized and

designed by consultants and under their supervision. They are typically categorized as

local or international while the locals being further categorized as national or regional.

They include the following categories of practitioners: Engineering contractors and

specialist contractors (Moramati foundation and Proinvest, 2011).

Africa Building (2013) explains that previously, contractors were required to register

with the Ministry of Public works. After the inauguration of the National Construction

Authority (NCA) in July 2012, this has changed and it comes with new rules and

regulations. The NCA is mandated with regulating and restoring sanity in the Kenyan

construction industry and that means coming up with a new register of contractors. As

such, all contractors are required to be registered and licensed afresh by the NCA. This is

a move intended to get rid of rogue contractors and reduce the amount of malpractices

that has seen buildings collapsing and many important government projects being

delayed.

According to Nahinga (2013), the Ministry of Public Works registers and categorises

contractors according to the value of work and further according to whether they are

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General or Specialised Contractors or Specialist Contractors. The registration itself has its

own requirements as per the Ministry. The minimum basic requirements include;

registration with the Attorney General, registration for pin and VAT, previous projects

undertaken and their values, technical qualification for the director or employee

(minimum acceptable qualification is the Government trade test 1) among other

requirements.

Bid bond as specified is also one of the requirements. When a job is advertised for bid,

the bidder must get a bank or insurance company to write a bid bond. This bond

guarantees that the bidder is financially capable of performing the project and will honor

the terms outlined in the bid however for young and upcoming contractors the amount

commonly specified is on the higher side and may tend to discourage them from

participating in the bidding process ( Njenga, 2011).

Another requirement is experience in works of a similar nature, size, total monetary value

of construction work performed during the last five years and clients who may be

contacted for further information on these contracts. Major items of construction

equipment owned. These are the items of construction or equipment proposed to carry out

the Contract and an undertaking that they will be available for the Contract. In addition,

Qualifications and experience of key site management and technical personnel proposed

for the Contract and an undertaking that they shall be available for the Contract ( Njenga,

2011).

Reports on the financial standing of the Tenderer such as; profit, loss statements,

auditor’s reports for the last five years and authority to seek references from the

Tenderer’s bankers and information regarding any litigation, current or during the last

five years, Confidential business questionnaire is also required. This gives the specifics of

the nature and type of the business.

Tax compliance through the VAT returns for every month. Provision of a tax compliance

certificate proves whether the contractor is compliant or not. Compliance and reporting

make huge demands on tax and finance functions today especially to small contractors

who may go for months without a job ( Njenga, 2011).

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Finally a requirement on the credit worthiness including the annual turnover must be

proved. This is normally done through evidence of adequacy of working capital for the

Contract, access to line(s) of credit and availability of other financial resources.

1.2 Problem statement

According to Finch (2011), tendering is the process by which bids are invited from

interested contractors to carry out specific packages of construction work. It should adopt

and observe the key values of fairness, clarity, simplicity and accountability, as well as

reinforce the idea that the apportionment of risk to the party best placed to assess and

manage it is fundamental to the success of a project.

During tendering, the tenderer with the least tender sum is given the project. For instance,

Bentley (1987) states that assuming the code of procedure for single selective tendering is

followed, the priced bills of the lowest contractor should be checked by the Quantity

Surveyor. If any errors are found, then these are reported to the architect who in

conjunction with the client (employer) determines what action is to be taken. This action

should follow one of two options that should be stated in the preambles of the bills of

quantities and the form of tender:

Option 1: It is either the tenderer is given details of the errors and asked if he wishes to

confirm or withdraw his offer. If the tenderer withdraws, the same procedure is followed

with the second lowest tenderer. If the tenderer confirms his offer, then the endorsement

is added to the priced bills to the effect that all prices are to be considered as reduced or

increased in the same proportion as the corrected total of priced items exceeds or falls

short of such items. This adjustments excludes preliminary items, contingencies, prime

cost and provisional sums.

Option 2: Or the tenderer is given an opportunity to confirm his offer or amend it to

correct genuine errors. If the offer when is no longer the lowest, the next lowest tenderer

should be considered.If the tenderer confirms his offer, an endorsement will also be

required.

From the aforementioned, the contractors will always want to win tenders hence they use

the least prices available. This as a result will render the contractors unable to carry out

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projects as specified in the specifications provided by the quantity surveyor and in effect

produce low quality work. This is as a result of cutting corners during the execution of

the works by the contractors in order to save on costs. Sometimes the contractors end up

making a lot of losses in several projects which makes them have claims all the times.

The low quality products, is one of the challenges that face the construction industry due

to the lowly priced tenders by the contractors. Onsare (2011) quotes QS. Moses

Nyakiongora (Chief Quantity Surveyor in the MOPW) saying that there are contractor

who deliberately tender at low rates with the aim to later canvass for change in

specifications if awarded the contact. Some of them frustrate the contract and eventually

submit very huge claims.

According to the report of the UK Construction Task Force (1998), The City regards

construction as a business that is unpredictable, competitive only on price not quality,

with too few barriers to entry for poor performers. With few exceptions, investors cannot

identify brands among companies to which they can attach future value. As a result there

are few loyal, strategic long-term shareholders in quoted construction companies.

One of the requirements of a contractor to be categorized and be registered in Kenya is

the number of projects carried out and their total values, then most contractors who are

eligible for registration are cut out because they bided high. This leads to a situation

whereby same categories of contractors are awarded more than two projects while others

are left out from time to time. Most of the contractors who are awarded jobs collude with

Quantity Surveyors of the same projects they are tendering for whereby the Quantity

Surveyor helps in pricing the tender documents at an agreed fee and as a result, the

contractor wins the tender. This distorts the growth of other contractors hence unequal

distribution of employment amongst the growing entrepreneurs. This in turn affects the

construction industry’s economy and growth.

Onsare (2011) quotes QS. Moses Muiha (National Coordinator/CEO, Kenyan Federation

of Mastered Builders) saying that the categorization of contractors by the ministry of

roads and public works is unfair in the awarding of construction projects tenders. QS.

Muiha complained of the manner in which the tender bids were under priced, evaluated

and the technical qualification required in the process. In addition, Prof John

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Lonyangapuo, Permanent secretary, Ministry of Public Works said that no contractor will

be awarded more than four construction projects at any one given time in future.

According to Onsare (2011), fraud and unethical practices have been common in the

construction sub-sector. This occurs through the use of inferior materials or sub-standard

mixtures for example; use of undersize steel bars, wrong concrete mixture and also poor

quality paint. Some professionals have been also known to collude with contractors at the

expense of their clients by adulterating tender documents hence leading to poor quality

buildings.

1.3 Research Questions

1. What are the various tendering procedures adopted in the construction industry?

2. What are the various sources of cost information in the construction industry, their

reliability and the most preferred ones by the contractors?

3. How do contractors make profits by using the rates in cost information sources and

what challenges do they face when using the rates?

1.4 Objectives of the study

1. To identify the various tendering procedures adopted in the construction industry.

2. To determine the various sources of cost information in the construction industry, their

reliability and the most preferred ones by the contractors.

3. To find out how contractors make profits by using the rates in the cost information

sources and what challenges they face when using the rates.

1.5 Research Hypothesis

HO1 Under pricing of tenders by building contractors in the construction industry has not

led to the poor quality of buildings.

HA1 Under pricing of tenders by building contractors in the construction industry has led

to the poor quality of buildings.

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1.6 Scope of the study

Due to financial and time constraints, the research was limited to a manageable

geographical and conceptual scope.

Geographical area

This study was done in Nairobi County which is the Capital City of Kenya. Due to the

effects of Rural-Urban migration, most people have settled in Nairobi area leading to an

increased demand for buildings ranging from commercial, recreational, industrial and

also residential. Therefore, most construction activities take place in Nairobi and

consequently most of the contractors are based in Nairobi.

Conceptual

There are many issues related to tendering procedures and procurement of contractors in

the construction industry but then this study mainly focuses on the investigation of the

variance in pricing for similar tenders by different contractors a case study of Nairobi

County. A lot of issues has been dealt with in regard to tendering hence the researcher

sought it better to focus on the variation on pricing of tenders.

1.7 Justification and significance of the study

Clients in the construction industry are always concerned with the cost, quality, time and

profitability of their projects. According to the report of the UK construction Task Force

(1998), under-achievement in the construction industry can be found in the growing

dissatisfaction with construction among both private and public sector clients. Projects

are widely seen as unpredictable in terms of delivery on time, within budget and to the

standards of quality expected. Investment in construction is seen as expensive, when

compared both to other goods and services and to other countries. In short, construction

too often fails to meet the needs of modern businesses that must be competitive in

international markets, and rarely provides best value for clients and taxpayers.

Collier (1974) states that the bidders for construction tenders may not be able to make a

reasonable estimate of the probable costs of the work and thus may not be able to make

firm and competitive bids to the owner. Therefore, an investigation on the variance of

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pricing for similar tenders by different contractors will be able to unveil the weaknesses

involved in competitive pricing of tenders.

Identifying the various tendering procedures in Kenya will enable the study to find out

how contractors are procured and what criteria of getting the winning contractor is mostly

used in the Kenyan construction industry. This will help in the study such that better

criteria of procuring contractors can be acquired.

Determining the various sources of cost information, their reliability and the most

preferred ones by contractors will help the research in evaluating whether the various

sources of cost information are reliable. The contractors’ most preferred sources could

also be identified and its weaknesses identified hence a more suitable source of cost

construction cost information can be proposed for use by the contractors to avoid bidding

too low or too high.

Finding out how contractors make profits by using rates provided in the sources of

construction cost information and the challenges they face when using such rate will also

be able to unveil probable ways in which contractors can make profits using the same

rates instead of corner cutting something which leads to poor quality products. By

knowing the challenges faced by contractors when using such rates, then a way forward

would be proposed through this study to ensure that these challenges are prevented now

and in the future.

1.8 Research methodology.

1.8.1 Data collection

The research adopted both primary and secondary methods of data collection. The

primary data collection method that was used in this study was the administering of

questionnaires. Questionnaires were administered to contractors to find out the type of

tendering procedures used in the construction industry in Kenya, to find out what the

various sources of construction cost are with their reliability and which ones are most

preferred by contractors and also to find out how contractors use the rates to make profits

and the challenges they face when using such rates. Secondary data was sourced from

various published and unpublished journals relating to the tendering procedures and

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construction cost information sources. Text books, internet and thesis were also studied to

give view on the topic.

1.8.2 Data analysis

First, data mining, the process of sorting through large amounts of data and picking out

relevant information was done so as to obtain relevant categories of qualitative and

quantitative data sets. Data mining is also described as the nontrivial extraction of

implicit, previously unknown and potentially useful information from data and the

science of extracting useful information from data sets or databases (Maina, 2009).

For the purposes of analysis, Microsoft Excel was used. Data analysis is the process of

examining and summarizing data with the intent to extract useful information and

develop conclusions.

1.8.3 Data Presentation

Data analyzed was presented in forms of tables, pie charts and bar charts.

1.9 Organization of the study

The research is organized in five sections as follows:

Chapter one: this is the introductory section whereby it introduces the problem statement,

objectives, hypothesis, research methodology, scope of the study and justification and

significance of the study.

Chapter two: This chapter discusses the literature reviewed and the theoretical framework

which is the basis for the research study. It includes the various categories of contractors

in Kenya, the tendering procedures adopted in procuring contractors, the various sources

of construction cost information available in the construction industry, their reliability

and the challenges that contractors face while using them.

Chapter three: this is the research methodology section whereby it lays down the

background of the research, the population being studied and clearly shows how the

sample sizes are systematically arrived at. It also shows the sampling techniques used in

this research. The data collection instruments and procedures are also collected.

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Chapter five: this gives conclusions and recommendations made based on the results of

the findings. Suggested areas of further study were also mentioned.

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CHAPTER TWO

2.0 LITERATURE REVIEW

2.1 Introduction.

In order to start a small or general contracting business, there are several factors one must

take into consideration. Beesley (2012) explains that one should follow a systematic

procedure in order to become a successful contractor. Among the steps to be followed

are, getting licenced, bonded and insured in order to protect yourself, your business and

your clients by ensuring you have the right licenses and permits, business insurance, and

surety bonds. This is so because most construction contracting jobs need specific types of

permits in order for one to have full permission to do business.

Another step that should be taken is to familiarize oneself with the construction industry

regulations. Most construction industries worldwide are regulated hence getting

acquainted with all regulations applicable in the construction industry would facilitate a

successful contracting business.The contractor should also develop a health and

occupational safety strategy or plan. For instance, Beesley (2012) explains that the

Occupational Safety and Health Act (OSHA) requires that construction workers are

provided with a safe workplace free from recognized hazards. The final step is finding

and hiring labour which will facilitate the carrying out of activities.

2.2 Strategies of entrepreneurial start ups

Prospecting: According to Schumpeter (1934) start ups adopt a simple organizational

structure, which allows them to react quickly to opportunities or proactively outmaneuver

their more established region. Start up firms cannot compete head on against their larger

and more established rivals; instead smaller firms limit their activities to relatively few

alternatives and conserve scarce resources for crucial battles. However, there are

limitations to this prospector strategy in that the industries that entrepreneurs enter need

to have relatively low entry barriers, less capital intensity and low exit costs.

Networking: Networks and ties may be useful in most economies. A good relationship

with suppliers may help a start up acquire quality materials, goods, services and timely

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delivery. Networking has a strong impact on firm performance due to the small size of

these startups. The contributions of individual entrepreneurs’ network tend to have deeper

impact on performance. Entrepreneurs can directly pocket the residual income if their

firms perform well, thus providing powerful incentives for them to engage in networking

activities that may bring direct economic benefits. Entrepreneurs have more discretion in

deciding how, when and with whom to cultivate network ties.

Boundary blurring: Boundary blurring involves separating public and private or legal and

illegal sectors.

2.3 Contracting firms/contractors

2.3.1 Classification of contractors in Kenya

The following is the categorization of contractors according to value of work for general

(main) and specialized contractors.

Table 2.1 Classification of general contractors

CATEGORY VALUE LIMIT (KSHS)

A Unlimited

B Upto Kshs.250,000,000

C Upto Kshs.150,000,000

D Upto Kshs. 100,000,000

E Upto Kshs. 50,000,000

F Upto Kshs. 20,000,000

G Upto Kshs. 10,000,000

H Upto Kshs. 5,000,000

Source; Ministry of Public Works 2011

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Table 2.2 Classification of specialist contractors

CATEGORY VALUE LIMIT (KSHS)

A Unlimited

B Upto Kshs.50,000,000

C Upto Kshs.30,000,000

D Upto Kshs. 20,000,000

E Upto Kshs. 10,000,000

F Upto Kshs. 4,000,000

G Upto Kshs. 2,000,000

H Upto Kshs. 1,000,000

Source; Ministry of Public Works 2011

2.3.2 Criteria for registration of contractors

2.3.2.1 Basic requirements

According to the procedures for registration and upgrading of building contractors there

are four basic requirements which any firm applying for registration as a contractor or

upgrading must meet. Firstly, a certificate of registration from the registrar of companies

either as a limited liability company, partnership or sole proprietorship. In case of a

limited liability company, the memorandum and articles of association must be certified

by the registrar of companies. Secondly, at least one of the directors or partners must

have the minimum technical qualification relevant to construction. The aggregate

shareholding of the technically qualified directors should not be less than ten percent of

the issued shares.

Table 2.3 Minimum technical qualifications

Type of contractor Minimum technical qualification

Category A building and civil Engineering works Ordinary National diploma

Category B-D building and civil Engineering works KIHBT or technical certificate

Category E-H building and civil Engineering works Government trade Test grade I

Source; Ministry of Public Works, 2011

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Thirdly, each director/partner has their professional and general conduct reviewed by the

registration committee to ensure that he/she qualifies to be registered as approved

contractors. Finally pin and VAT registration certificates must be produced.

Table 2.4 Experience requirements:

Experience Class A-F

Year of practice in the field of application

Class A -10 Years

Class B -8 years

Class C -6 years

Class D and E-4 years

Class F – 2 years

Largest size of single project executed in

years of practice or since last upgrading

At least 80 % of class limit

Source; Ministry of Public Works 2011

2.3.2.2 Taxation policy/tax compliance

Taxes are compulsory transfers of money from individuals, groups or institutions to

government. VAT is tax on spending which is collected by businesses and passed on to the

Government. All registered firms are required to pay any VAT payable by the 20th

day of

the month following the month to which the tax relates. Payment is made together with a

document known as the VAT return. VAT return must be submitted. Each firm has to

calculate its gross tax by applying the appropriate tax rate to its total sales and against this

set the tax already paid by supplying firms. This is facilitated by the invoice method

which compels each construction firm to insist on the presentation of tax receipts made

out to the previous suppliers.

2.3.2.3 Registration for VAT

This is the process by which firms that are eligible for registration under the VAT Act are

issued with registration certificates. It is an important process because only registered

traders are allowed to charge VAT.

A construction firm qualifies for registration for VAT due to the following specific

section of the Act. (Any person including a sole-proprietor, partnership and Limited

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company who is already in business and has supplied or expects to supply taxable goods

or services or both exceeding Sh. 3million p.a. or Sh. 2.4m for 9 months or Sh. 1.8m for 6

months or Sh. 1.2m for 3 months.)

2.3.2.4 The economic effects of taxation

A tax is considered to have adverse effect if it diverts resources from their "natural

channels". Conversely, a tax is considered to produce desirable effects on distribution if it

helps encourage the flow of resources along their "natural channels".

The resources therefore tend to flow in the tax-free direction or where there is less punitive

taxation or where generous tax concessions are available. For example, steeply progressive

taxation on income may lead to an outflow of high achievers to other countries with lower

marginal tax rates at high levels of income. This leads to a loss of their contributions to the

economy and such a "brain drain" hinders economic growth and their tax contributions to

the exchequer are also lost.

2.3.3 Classification of contractors

According to the Ministry of Public Works (2012), contracting firms range from the very

small to the very large but whatever the size of an individual firm it will fall into one of

the following categories; General building, Specialist trades, Specialist maintenance,

Building and civil engineering.

In terms of sizes and nature of their business the construction firms can be categorized

into; Small firms/jobbing, Medium sized firms and large national contracting firms. This

criterion is often the major factor influencing the price, risk and business relationship.

In Kenya, construction firms are categorized based on the combination of the following

factors; their activity, number of employees and the asset value. With these factors a

contractor is assigned the maximum value of work he can undertake for Government

projects as stated on the category of registration. These categories begin from the smallest

(H) to the largest (A) as in the Ministry of Public Works and that of the roads.

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2.3.4 Contractors/entrepreneurial function

Source Koontz H. (1989)

2.3.5 Size of construction/contracting firms

There is no optimum size of a firm or organization the best size depends on the nature of

work, the condition under which it needs to be carried out and the nature of organization

and the ability of the management. Although large firms give rise to coordination

problems, they secure many advantages such as increased mechanization, full use of

resources, economies from specialization, improved techniques, better financing and

purchasing arrangement. Smaller firms undertake most works and smaller contracts of

work. The capital needs of small firms are extremely limited and enjoy comparatively

high ratio of liquid fixed assets. Smaller firms have the advantage that the plants they

require are small and much of them can be hired. However, smaller contractors are

vulnerable in periods of financial difficulty or during the period of reduced projects.

2.3.6 Organization growth

According to Kahuro (2005) organization growth has been defined as change in the size

of an organization where size means number of employees, total sales, asset portfolio,

branches etc. Such change can be positive neutral or negative.

Entreprenuer/ContractorInnovation

Risk taking

Deciding project

Raising finance

Planning production

Managing enterprise

Earning profits

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In organizations, growth is one of the corporate grand strategies and it involves expansion

along some major dimensions (Bartel 1991). Lavender (1999) states that motivation for

growth can be traced back to the desire for increasing profit, which is realized after

growth. In the construction industry the expansion (positive growth) would mean that a

firm can handle or is capable of managing; increased number of contracts, increased size

of contracts, diversifying into geographical location and diversification into other kind of

works.

2.3.7 Means of growth

Bartol (1991) explains that growth can be implemented through internal means or

through acquisition, merger or joint venture. In internal growth the organization expand

by building on its own internal resources. Acquisition on the other hand is the purchase of

all or part of the organization by another and merger is combining of two or more

companies into one firm. For merger and acquisition such more is triggered by increased

number of firms in the industry.

2.3.8 Growth Strategies

Concentration: In concentration a firm focuses on affecting the growth of a single product

or services, or a small number of closely related product or service. It usually takes place

through; market and product development and horizontal integration.

Clough (1994) explains that a firm may chose to concentrate due to the following factors;

Radically different machine requirement, Construction methods involved, Trade and

supervisory skill requirement, Contract provision requirements and Financial

arrangements involved

Vertical integration: Involves effecting growth through the production of inputs

previously provided by suppliers or through the replacement of a customer role by

disposing one’s own outputs.

Diversification: Entails effecting growth through development into new areas that are

clearly distinct from current business other than for the growth, organizations diversely to

reduce the risk that can be associated with single product or industry operation.

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Lavender (1999) also notes that there is trend away from medium sized general building

contractors towards the large diversified firms on one hand and to smaller specialist and

subcontractors on the other hand.

Diversification of firms gives contractor financial pedigree which helps their negotiating

position with banks and other financial institutions as well as subcontractors and material

suppliers. It also enables contractors to take large contracts at a moment’s notice since

external funding is readily available to them.

2.4 Construction Procurement

According to Perrau (2012), construction procurement is a process that typically includes

determining the criteria of the project, setting the contractual framework, setting the

tender and contractual processes, inviting tenders and awarding the contract. The

Chartered Institute of Building Report (2010), states that selection of an absolute optimal

procurement method is difficult, because even the most experienced client or contractor

does not know all the potential benefits or risks for each method. Procurement is,

therefore, a succession of calculated risks. Industry and academia have consistently

focused on reducing this risk through the use of innovative methods of procurement.

The Chartered Institute of Building Report (2010) showed that the construction industry

professionals viewed procurement as absolutely crucial to the delivery of a project on

time, on budget and to a high quality, with 87% of respondents of the belief that good

procurement is synonymous with a successful project. 82% of respondents believed that

suicide bidding exists within the industry, a worrying statistic that highlights the dangers

of selecting a very low bid at tender stage.

Procurement of construction work is a framework through which construction is brought

about, acquired or obtained. The procurement of construction work is complex, and a

successful outcome is frequently elusive. Clients have developed increased expectations

of the industry and constructors and consultants are faced with far greater demands to

achieve improvements in terms of value for money and quality, in addition to seeking

savings in cost and time. A successful completion of construction projects, both large and

small, within budget, to time and to the satisfaction of clients has been by no means as

common as it ought to be.

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The start of the procurement of construction work is frequently matched by the client to

strategic or business need for a constructed asset. After establishing a construction project

organization to provide the necessary expertise to finalize the design and specification,

the client will undertake a tendering process to select a contractor. In most cases, the

contractor should take care of the employment of specialist and subcontractors and the

procurement of materials. When the contractors are signed and amount of sufficient

information is available, the physical execution of the construction project can start. This

includes production of materials, manufacturing, engineering and assembly of elements,

and final construction on site. Once the completion of the project is successful, handing

over and use of the completed asset by the end user completes the procuring process.

2.4.1 Components of a procurement process.

The basic components of any procurement processes will include a functional needs

analysis. Then the selection and development of an overall procurement philosophy

which will normally be based upon either a design led, construction led, or management

led approach.

Analysis of the most suitable form of relationship between the demand and supply sides

of the procurement equation. Following this is a detailed design of the specific

procurement approach to be used. Once this is completed contractual relationship are

formalized in the most appropriate way and the most suitable contractor is selected.

Newcombe (1992) argued that the selection of the procurement path is much more than

simply establishing a contractual relationship. This is because not only a unique set of

social relationships but also forms a power structure within a coalition competing or

cooperating interest groups (Cherns and Bryant 1984). The selection of the most

appropriate procurement strategy or methodology for projects, particularly those

involving multiple stakeholders is a difficult and complicated process.

An American study by Gordon (1994) reported that it was possible to reduce project

capital cost by an average of 5% through selection of the most appropriate procurement

methodology. The battle for the control over the construction process is fought over the

procurement method. The problems that every procurement method seeks to solve are

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who is lead to the construction process is and who takes the risks. The procurement

method allocates control to project leaders while spreading construction and financial

risks on to other members of the building team and even back on to the client. The main

types of procurement method are the traditional method of organizing the construction

process, construction management, management fee contracting and design and build

contracting. However the above main types of procurement are many cases influenced by

the construction markets. Many construction markets are characterized by the tendering

process.

According to Turner (1997), there are four procurement options which are:

Design and Build: This is a system of procurement whereby one organization is

responsible to the client for both design and construction. Organizations currently

supplying the option of buying a finished building are mostly contractors. Although this

option has grown considerably in popularity, it is now claimed that the system has been

distorted. It has become nearly all build and virtually no design. This means that risk and

build have become commonplace.

Design and manage: This system combines some of the characteristics of design and

build with those of management. A single firm is appointed after a selection process that

perhaps includes some degree of competition on price, to design, manage and deliver a

project. Construction work and design is generally tendered for by specialist trade

designers or contractors.

Traditional or lump sum contracting: This system has been used for centuries with the

function of design being provided direct to the client, linked quite often with the role of

the designer that may have appeared to be one of the management of the construction

process also. In practice, the management of construction by the designer was not the

designer’s role under traditional procurement. In traditional system, the client appoints

consultants for design and for cost control then generally after design has been taken to

any one of a number of stages, a main contractor is appointed to carry out the

construction work.

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Fee construction or the management method: This system has become widely recognized

since the 1970s although a significant number of clients, consultants and contractors

either have no or little experience of the system and its nuances. It is therefore significant

that the element of management should have become separated as design and

construction were already separated. Therefore, a system that emphasized the

management process and exposed and explored management expertise has come to the

forefront of procurement options for many projects.

2.5 Tendering

Tendering is the most recognized and effective method of contractor selection. Selection

of contractor for the construction of a project is one of the crucial decisions in the clients’

development ambitions. The criteria for contractor selection may be price, time or both in

addition to the contractor’s expertise in a client’s development project. In order to

achieve a client’s development objective, his or her professional advisers normally

determine the most advantageous moment to select a building contractor for the

construction project. Their concern will be selecting the contractor before or after the

design phase.

A good contractor for a project is an important factor contributing to its successful

completion and the client’s professional advisers may look for the following attributes

when drawing up a list of suitable contractors from whom to invite bids.

Contractor’s reputation in business: A contractors good past record of performance in the

construction business should be considered; for example, the number and monetary value

of projects the contractor has successfully and high standard of workmanship are the

attributes of a reputable construction company.

Contractor’s financial standing: The knowledge of a contractor’s current financial

standing or financial record enables the client to assess whether or not the company is

likely to go into liquidation and, hence, there is need for a bank guarantee or caution

when dealing with the contractor in business.

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Contractor’s potential resources: The contractor’s potential resources embrace his or her

physical as well as human resources. These include buildings, offices, workshops,

factories, fixed plant and machinery. Under human resources the number and type of

trade operatives regularly employed and the quality of management personnel, their

technical knowledge and experience.

Contractors normal conduct of business: Considerations in these case include the type of

work package normally undertaken by the contractors own direct operatives and those

that are normally placed as sublets, the categories of clients (whether public or private)

the contractor chooses to work for and the type of projects in the contractor specializes.

Contractor’s attitude on contractual claims: Contractors who have a good record of not

being claim conscious or claim loving and who take legal action only as a last resort is

flexibility in resolution of construction disputes.

Non economic factors: Contractor may be selected for reasons unrelated to performance;

for instance, a contractor may be appointed to foster business relationship like a

subsidiary company or to maintain or promote employment in a locality

The type of tendering arrangements available to clients may be grouped either

competitive tendering or negotiated tendering. Under the competitive tendering

arrangements the grouping may be as follows:

2.5.1 Open tendering

An advertisement is placed in local, national and technical press by the client’s

professional advisers inviting interested building contractors to submit tenders for the

clients proposed construction project. Any contractor who is legally trading may request

to tender. A deposit is paid for the contract documents, which is funded upon receipt of a

tender.

The risk element to the client in such a method is high. This is however minimized by

ensuring that the successful contractor has the required experience and a sound current or

cash flow position. Tenders documents are dispatched to all contractors who offer to

submit tenders for the proposed projects. Open tendering is widely used by the local

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authorities and public operations to obtain tenders for small buildings works,

maintenance works and for unusual specialized projects.

2.5.2 Single stage selective tendering

This is a traditional method of awarding construction contracts where tenderers are

invited from a current standard list of approved contractors or from a shortlist of

contractor who have responded to an advertisement in the national or technical press

setting out details of the proposed development (Kwakye 1994)

The selected contractors have to meet certain requirements in order to bid for the works;

these are that the firm has to show its financial standing, recent experience of completing

similar work within the specified time, capability to accept the work at the required time,

the technical and management staff.

The client has the opportunity to decide the number if bidders however such decisions

will be dictated by the size, type and complexity of the project. Most local authorities and

public institutions maintain a list of contractors who are deemed to have qualified

performance for the works proposed. The contractors are also grouped in different classes

according to the size and scale of the form. Such lists are however reviewed from time to

time.

2.5.3 Two-stage selective tendering

This tendering process involves competitive selection of building contractors in the first

stage and negotiation in the second stage. Competitive selection in the first stage is based

on pricing approximate or notional bills of quantities. In the second phase the contract

price is determined partly by negotiation and by pricing based on data contained in the

first stage.

When a contractor is selected after the first stage, he/she is integrated into the design

team. As a construction player, the contractor plays an active role in providing design

advice on quality, build ability, programming and cost. Under this method, the element of

financial risk assumed by the client is greater than the single-stage selective tendering

approach.

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2.5.4 Negotiated tendering

In this method, the client approaches a contractor of his own choice with a view of this

being the only firm that will submit a tender. The contractor selection is based on

reputation, specialized skills, and sound financial position as well as business

relationship. The process can be time consuming requiring the skill and energies of

experienced negotiators. Negotiation can either be based on the nominated bills of

quantities or cost assessment from the first principle of estimating.

2.6 Procurement in the public sector

Public sector construction output has historically constituted a significant component of

the total value of public sector procurement, and the economic significance of the

construction industry has therefore ensured that it has received considerable attention.

2.6.1 Why the public sector projects are different

Public sector projects are different from the private sector projects in the following

briefly explained ways. The way in which the projects and services are procured-public

sector contract must be awarded fairly and without discrimination. The award process

must be both transparent and accountable.

The expenditure of the public funds involved-public accountability is usually of

paramount importance. Tax payers, in a democracy have the right to be shown that their

money is being spent in accordance with the approved published policies, standing orders

financial regulations etc. There is also need to show that adequate safeguards are in place

to prevent misappropriation of funds.

Another difference is on Maximizing value for money-unlike the layman’s view of value

for money (meaning lowest price) the case in the public sector through the Government

supports the principles of good practice elsewhere in advocating seeking the optimum

combination of price and quality for each specific project or service

Therefore the obligations imposed upon the public sector involve employees and

consultants in a significantly higher level of responsibility, transparency and

accountability than is the convectional the case in the private sector. Failure to comply

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with the law may render individuals liable to actions at civil law and or to possible

criminal prosecution.

Harmonization of the procurement of public sector construction works and services has

long been seen as a major plank in the successful achievement of a common market. In

Kenya the procurement and disposal act 2005 was meant to serve the above purpose.

2.6.2 Public Procurement Methods and Procedures

Open tendering is the standard method under the public procurement and disposal act

2005.The following methods are also available under stipulated circumstances: restricted

tendering, direct procurement, request for proposals, request for quotations, and

procedure for low value procurements and specifically permitted procurement

procedures.

2.6.2.1 Open tendering

Requirements in the Public Procurement and Disposal Act (2005).

a) Requisition-This involves identification of need or requirement by the user

department. For purposes of building procurement where works and services are to be

special, special consideration should be taken.

b) Specification of the requirement-It is the requirement that the procuring entity should

prepare clear and specific requirements relating to the goods, works or services being

procured. a correct and complete description of what is to be realized in building

projects, the services of the Architect and Quantity surveyor will be of paramount

importance (Njuguna, 2008). According to Willis (1997) many specifications fail due

to lack of insufficient knowledge of building construction. It is thus imperative that

procurement entities should have technical capability for proper building/

construction specifications.

c) Invitation to tender-The procuring entity should prepare an invitation to tender that

sets out the following; the name and address of the procuring entity, the tender

number assigned to the procurement Proceedings by the procuring entity, a brief

description of the goods, works or Services being procured including the time limit

for delivery or completion, an explanation of how to obtain the tender documents,

including the amount of any fee, an explanation of where and when tenders must be

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submitted and where and when the tenders should be opened, and a statement that

those submitting tenders or their representatives may attend the opening of tenders.

d) Tender documents-The procuring entity should prepare tender documents containing

enough information to allow fair competition among those who may wish to submit

tenders. These tender documents should have the specific requirements relating to the

goods, works or services being procured and the time limit for delivery or

completion. If construction work, relevant drawings and bills of quantities, the

general and specific conditions to which the contract will be subject, including any

requirement that performance security be provided before the contract is entered into,

the tender number assigned to the procurement proceedings by the procuring entity

and the instructions for the preparation and submission must be clear. It is stated that

a statement of the period during which tenders should remain valid and the

procedures and criteria to be used to evaluate and compare the tenders.

e) Advertisement-It is the responsibility of the procuring entity to take reasonable steps

to bring the invitation to tender to the attention of those who may wish to submit

tenders. The conditions are that If the estimated value of the goods, works or services

being procured is equal to, or more than the prescribed threshold for national

advertising, the procuring entity should advertise, at least twice in a newspaper of

general nationwide circulation which has been regularly published for at least two

years before the date of issue of the advertisement, and on its website in instances

where the procuring entity has a website, and the advertisement shall also be posted at

any conspicuous place reserved for this purpose in the premises of the procuring

entity as certified by the head of the procurement unit.

f) Time for preparing tenders-The time allowed for the preparation of tenders is the

period of time between whatever steps the procuring entity takes to bring the

invitation to tender to the attention of those who may wish to submit tenders and the

deadline for submitting tenders.

g) Provision of tender documents-The procuring entity may charge such fees as may be

prescribed for copies of the tender documents. This amount rarely exceeds Kshs.

5000.

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h) Tender security-A procuring entity may require that tender security be provided with

tenders. The procuring entity may determine the form and amount of the tender

security. In the construction industry this varies from 0.5- 2% of the contract price.

Tender security should be forfeited if the contractor submitting the tender withdraws

the tender after the deadline for submitting tenders but before the expiry of the period

during which tenders must remain valid.

i) Submission and receipt of tenders-The tender to be submitted must be in writing,

signed and sealed in an envelope. A tender should be submitted before the deadline

for submitting tenders and any tender received after the deadline shall be returned

unopened.

j) Opening of tenders-The accounting officer appoints a tender opening committee

specifically for the procurement. The committee should have at least three members

where at least one of the members should not be directly involved in the processing or

evaluation of the tenders. Immediately after the deadline for submitting tenders, the

tender opening committee is mandated to open all tenders received before the

deadline. The submitting tenders or their representatives can attend the opening of

tenders.

k) Responsiveness of tenders-A tender is responsive if it conforms to all the mandatory

requirements in the tender documents.

l) Evaluation of tenders-The procuring entity evaluates and compares the responsive

tenders. The evaluation and comparison should be done using the procedures and

criteria set out in the tender documents. The procedures and criteria for the evaluation

of tenders must to the extent possible, be objective, quantifiable, expressed so that it

is applied in accordance with the procedures, taking into consideration price, quality

and service for the purpose of evaluation. The successful tender is usually the tender

with the lowest evaluated price.

m) Notification of award of contract-Before the expiry of the period in which tenders

must remain valid, the procuring entity should notify the bidder submitting the

successful tender that his tender has been accepted. As the bidder submitting the

successful tender is notified, the procuring entity should notify all other bidders

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submitting tenders that their tenders were not successful. This does not reduce the

validity period for a tender or tender security.

n) Creation of contract-The person submitting the successful tender and the procuring

entity should enter into a written contract based on the tender documents, the written

contract should be entered into within the period specified in the notification.

However, this should not be until at least fourteen days have elapsed.

2.6.2.2 Restricted tendering

Circumstances when the restricted maybe used;

I. When the Competition for contract is limited to prequalified contractors, because

of the complex or specialized nature of the goods, works or services.

II. The time and cost required to examine and evaluate a large number of tenders

would be disproportionate to the value of the goods, works or services to be

procured; and there is only a few known expertise of the goods, works or services

as may be prescribed in the regulations.

2.6.2.3 Direct procurement

A procuring entity may use direct procurement as long as the purpose is not to avoid

competition. If there is only one contractor who can execute works or services being

procured and there is no reasonable alternative or substitute, works or services. Direct

procurement is commonly used in case of an urgent need. This therefore makes the other

available methods of procurement impractical. The procurement and disposal Act

provides that circumstances that give rise to the urgency should not be foreseeable and

are not the result of dilatory conduct on the part of the procuring entity.

2.6.2.4 Bid bond

A bib bond is a written guaranty from a third party usually a bank or an insurance

company submitted to a principle client by a contractor. The issuer of the contract is

assured he takes no risk in awarding to the lowest bidder and can expect completion of

the project as specified

Effects of the bid bond is that when it happens that the bidder cannot live up to his end of

the contract, he and the bank or insurance company must pay any additional expenses

incurred to the issuer of the bid so as to re award the contract to the next lowest bidder.

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2.6.2.5 Bid evaluation techniques

During the tender evaluation the adviser (Quantity Surveyor) would normally take into

consideration; the qualifications needed, any errors in the submitted bids, abnormal prices

of items, inconsistency in the rates, contractors time for project completion, additions

required on prime cost items, provisional sums, etc. some of the above considerations

may distort the bids.

In all procurement approaches prequalification of contractors need to be executed prior to

invitation in order to eliminate unacceptable candidate. After tender evaluation however

client often remain committed to the lowest bid.

2.7 Development in Contract price forecasting and bidding techniques

2.7.1Designers’ and Contractors’ approaches of contract pricing

The functional separation of design and construction has been reflected in the

development of contract price forecasting techniques largely to meet the perceived needs

of both these sectors of the construction industry. For designers, the need is to inform on

the expenditure implications to the client of the design decisions to help in achieving

financial targets and value for money (Skitmore and Marston, 199).

For contractors, the need is to inform on the income implications to the contractor

himself should the contract be acquired. Although the nature of the competitive tendering

process is such that both designers and contractors are essentially concerned with the

same task, (estimating the market price of the contract) the potential for contractors to

access production cost information is a determining factor in the type and reliability of

technique used.

Many of the methods used in practice contain a mixture of both market and production

related approaches. It is common, for instance for Quantity Surveyors to build up rates

for special items involving new materials or components from first principles by finding

out the manufacturers’ price and making an allowance for installation and other

associated costs involved in a similar manner to the contractor’s estimator.

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It is also common for contractor’s estimators to use some black book method which is

more intended to generate a competitive price than a genuine estimate of cost. The

validity of combining the two approaches, although a popular debating point is by no

means established in academic circles. Clearly, the relationship between market prices

and research on this aspect has been inconclusive as yet. It is generally accepted however

that the contractor’s resource based approach produces very much more reliable estimates

than the designer’s equivalent.

2.7.2 Cost Data

Ashworth (1999) explains that the collection, analysis, publication and retrieval of cost

and price information is a very important facet of all sectors of the construction industry.

Contractors and Quantity Surveyors will tend, wherever possible to use their own

generated data in preference to commercially published data since the former incorporate

those factors which are inherent to themselves. Published data will therefore be used for

back-up purposes. The existence of a wide variety of published data leads one to suppose,

however that they are much more greatly relied on than is sometimes admitted.

Construction costs in this context are a broad term and can be interpreted to mean costs of

any sort to anyone associated with construction works. Contractors’ costs however

literally mean the contractor’s expenditure on labour, materials and plant with the

exception of profit.

2.8 Sources of construction cost information

According to Ferry and Brandon (1991), there are various sources of construction cost

information as follows:

2.8.1 Firm’s own data

From the point of view of the client’s cost adviser, information can be obtained from two

main sources. Either he can use the data passing through his own hands in his office or he

can obtain the information from published material found in the technical press, price

books, and information systems. However, the range of projects undertaken by most

practices is considerable, varying from government and local authority buildings to

commercial and leisure buildings for individual and corporate clients. The variety of

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specification, location, size and shape of this range is also large and it is therefore most

unlikely that the office will have up to date information which it can apply to all its new

projects. The various published sources of data are as explained hereafter.

2.8.2 The technical press

Due to the increased demand from clients for better cost control, tighter yardsticks and

cost limits, there has been an improvement in the quantity and quality of cost information

appearing in magazines and journals concerned with design and building management.

The type of information that can be found these publications include elemental analysis;

resource costs and measured rates; cost indices with future cost projections; regional

economic reports; analysis of economic performance of the industry and cost studies of

different types of buildings.

2.8.3 Builder’s price books

The price books are normally published by several well established organizations. The

information included in these price books is:

i. Professional fees for building work

ii. Wage rate in the industry

iii. Market prices of materials

iv. Constants of labour and material for unit rates

v. Prices for measured work

vi. Building cost index

vii. Approximate estimate rates and comparisons

viii. Cost limits and allowances

ix. European prices and information

2.8.4 Information services

As a result of introducing cost planning techniques and the need for a wide range of

information on different types of projects, it was realized that some offices would require

information additional to that normally found in any one particular practice. Therefore, an

information service was formed which has the following sections:

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i. General background information

ii. Publications digest

iii. Case studies

iv. Occupancy cost analysis

v. Design/performance data

vi. Research and development papers

vii. Reference indices

2.8.5 Government Literature

The Government has increased its involvement in the research and development aspects

of cost forecasting and control. Most of the major government departments which

undertake large building programme have standardized their procedures for budgeting

and have made recommendations as to normal cost planning and control practice.

2.8.6 University or polytechnic research

Quantity surveying as a degree discipline has led to the need to establish a foundation of

research which will be of benefit to the profession. The educational institutions have

established programme of work which will assist in developing a general theory for cost

prediction and control and to investigate the reasons for and the degree to which costs

change related to the design and economic variables.

2.8.7 Technical information systems

These are office library systems available to the building professions which contain a

collection of the current trade literature relating to the building product. The major

purpose of these systems is tom provide reference for the practitioner on specification

and performance of a wide variety of building products.

2.8.8 Combination of both the firm’s data and published data

This is the obtaining of information from specialist sub-contractors, specialist

consultants, or even sometimes a building firm. This source suffers from remoteness but

because there is an element of personal contact involved, it is then possible to explain and

discuss what exactly is involved. This information is useful in connection with various

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forms of roofing, flooring, windows, doors, cladding, finishes, framing, landscaping, and

in particular engineering services.

2.9 Challenges in using the rates provided by construction cost sources

2.9.1 Reliabilty of the various sources of construction cost information

None of the compilers of all types of published cost information claim that the

information is accurate. They are correct to suggest that the prices quoted are nothing

more than a guide. Perhaps, the only exception is the builder’s merchants’ price lists, but

even these include disclaimers that the prices are subject to change at very little notice.

2.9.2 Uncertainty in building price forecasting: price data considerations

According to a report prepared by Bowen (1993) much of the decision-making in the

building procurement process takes place in an environment within which the objectives,

constraints and consequences of possible actions are not known precisely. The decision-

making process should have the ability to handle both the uncertainty that users have

about their inputs, and that which experts have about their particular knowledge domain.

Traditional approaches to price forecasting are generally deterministic in nature, with

little representation of the uncertainty that is inherent in the knowledge domain. Clearly,

for price forecasting techniques to be useful in solving `real-life' problems, the existence,

identification and treatment of uncertainty must be accepted.

Scott et al. (1988) provides that uncertainty of outcome would arise as a result of

uncertain input variables to the decision-making process i.e., there is uncertainty as to

how a variable input factor will affect the final outcome in the forward-chaining of logic.

For example, if internal finishes of a certain quality are used, inexact consequences will

result in respect of the price of the finishes, the time required to perform that work, and

the consequential effect on the rentals achievable for that building. This classification

would encompass the imperfect knowledge, intrinsic randomness, and categorical

uncertainty categories.

Uncertainty of explanation refers to the backward-chaining of logic from the outcome of

the process to the causative factors during the process. For example, if the price of a

project exceeds the clients’ budget, that uncertainty needs to be examined in a reverse

process to determine the possible (with associated strengths of belief) causes of the price

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exceeding the budget. This classification would encompass the inherent indeterminacy

and categorical uncertainty decomposition advocated by Scott et al. (1988).

2.9.3 The source and usage of price data

Published data: It has been established (Bowen, 1993) that quantity surveyors have an

inherent preference for in-house data such as price rates from bills of quantities and

elemental and component price analyses derived from previous projects. The use of

updated historic rates obtained from priced bills of quantities appears to be the most

utilised form of price data throughout the design and tendering processes, both in terms

of magnitude and consistency. Published price data are seen by quantity surveyors as a

secondary source. The popularity of `in-house' data stems from the fact that users are

familiar with the projects from which the data were derived, and can thus transpose the

data (with or without adjustment) with confidence to new projects. This familiarity

affects the manner in which the price data are discriminated and grouped. Published price

data do not facilitate such a level of understanding.

Flanagan (1980) explains that a major shortcoming in the collection and analysis of

published data by quantity surveyors is the lack of a suitable system of identifying or

classifying families of prices. It has been established that the homogeneity of the sample

of buildings selected as the basis for future predictions has an important influence on

price. However, the current popular method of price planning and control, whereby

elements of a building are analyzed according to their functional use, is of little assistance

in the identification of price significance - the very basis of homogeneity. The lack of a

classification system clearly has the potential to adversely affect quantity surveyors'

ability to discriminate between different types of price data.

2.9.4 The structure of the price data

The building industry has adopted a hierarchical structure for its price data. However, the

hierarchical structure is, in fact, an obstacle to the development of meaningful price

models. Researchers have been preoccupied with the lack of suitable price data of the

quality needed to service the price forecasting methods used by quantity surveyors. It is

here that the nub of the problem lies. This data structure is not sensitive to the

design/data/model interface (Stevens, 1983). Raftery (1984) states that the data in the

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hierarchical structure does not commensurate with the production process of buildings, or

the manner in which contractors’ price activities of building work.

2.9.5 The continuous generation of price data

According to Miller (1988), building projects may be thought of in terms of a complex

but continuous process of development towards a defined objective. This can be

contrasted with the discontinuity of price data available for most projects, especially in

the absence of a comprehensive database. Each stage will have different price data

requirements, but discontinuity arises when the type of data generated in one stage of a

project differs from, and is difficult to reconcile with, price data generated at another

stage.

Upon receipt of the priced bills of quantities from the contractor, the quantity surveyor

performs a `check' on the price rates contained therein. This checking function comprises

examining the level of the rates, highlighting any abnormally high/low prices for sections

of the work, and detecting any computational errors. The relevance of this to the

generation of price data becomes evident if one considers the process of pricing the bills

of quantities by the contractor (Bowen, 1993).

Contractors' estimators use little or no formal analysis in doing so because they use the

process of production as the basis for their pricing. This differs from the items and

categories presented in bills of quantities. Thus, it is postulated that the item price

breakdown of the total price submitted by the contractor is nothing more than a notional

breakdown, a hypothetical construct. Indeed, an examination of the bills of quantities for

tenders where the overall tender prices are very close reveals often widely differing rates

for identical items, and even for the same trades (Beeston, 1975: Ashworth, 1983).

2.9.6 The relationship between unit price rates and costs

The first transformation of price data occurs at the recording stage, where the time taken

to perform various tasks of work is recorded on site by the contractor for cost control

purposes. Doubts exist as to the reliability of this recording process; suffice it to state that

this is a source of data distortion. At the tender stage, the sum of the resource costs for

specific operations, work packages, network activities or subcontract work is spread over

the unit rates to produce the priced bills of quantities. There may be `loading' or

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manipulation of rates to influence the timing of the contractor's monetary recovery from

the building client. Numerous other factors affect the validity of the data; for example,

the format of the on-site data recording being compatible with the manner in which the

estimator prepares the estimate; variable productivity being a function of supervision,

weather and delays; variable material usage, wastage and cost a function of worker skill

and supervision; the variable nature of plant utilization; and the increasing importance of

labour-only sub-contracts. The factors affecting the composition of the unit rate include

the method of distributing a proportion of the preliminaries costs over the measured items

of work, anticipated variations and site conditions, contract conditions, size and

complexity of contract, and the location of the project.

Therefore, the price data emanating from the data generation process are thus uncertain

in the estimating process (in terms of estimator assumptions regarding labour output,

material usage and plant efficiency) and uncertain in the price analysis process (via the

inherently subjective application of general `rules').

2.9.7 Price indices used in updating of price data

According to Bowen (1993), the purpose of a price/cost index is to measure changes in

prices or costs, from one point in time to another, in relation to a base date. In price

forecasting, quantity surveyors place extensive reliance on price and cost indices as the

basis for adjusting price information. Examples of such manipulations include the

adjustment of historic item price rates drawn from bills of quantities; historic price

analyses and project price forecasts from the date of forecast to the anticipated tender

date; as well as assessments of anticipated escalation during the currency of the contract

for inclusion in the overall price forecast at contract completion. Apart from the fact that

these indices are weighted statistical averages, they are also designed to represent average

situations and they have little relevance to individual projects, a major problem

associated with these indices is the time lag in publication.

For instance, the Haylett indices, whilst compiled for a number of geographic regions, are

published approximately three months in arrears. Their usefulness in price forecasting is

further reduced in that individual, weighted indices are not produced for commercial and

industrial buildings. The validity of the Haylett indices is brought into question by

revisions to the component weightings and the frequent revision of individual indices.

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Differences and changes in base dates render inter-index comparisons difficult. Much

reliance is placed on subjectivity in the application of indices. For example, doubt exists

as to which index is applicable in any specific circumstance, and the applicability of the

Haylett WG 24.1 index is questionable as it relates to lump sum domestic buildings.

Notwithstanding the importance of indices such as these, very little is known or published

about their quality and accuracy.

2.9.8 Time sensitivity of price data.

Notwithstanding the strength of this relationship, quantity surveyors take little direct

account of activity duration when determining item price rates, being primarily concerned

with the relationship between price and the quantity of finished work. The problem is

exacerbated by the fact that quantity surveyors do not usually calculate item rates from

first principles, but rather draw the information from rates obtained from the bills of

quantities of comparable projects. Even when considered within the context of

homogeneous buildings, considerable variability exists because of factors such as project

size, timing, location, repetition and complexity (Bowen, 1993).

2.9.9 The theory of feedback

According to Seeley (1991), the theory of feedback as described in standard textbooks

does not apply because:

1. Although records of labour and material costs are kept on site, the information is

recorded for the payment of wages and checking of invoices and for monitoring

progress on site as an aid to contract management. Therefore, the grouping of items

into operations for reference to the contractor’s programme creates difficulties in

rearranging the information for the pricing of a BQ based upon the SMM requirement

to measure items as fixed in place.

2. Even if site data could be related back to the estimator, it is unlikely to be of very

great benefit, because performance of the labour force varies from day to day

according to: weather, supervision, obstruction by other trucks e.t.c.

3. No formal record of performance of labour will be available for work where labour-

only sub-contractors are used and therefore an extremely large area of work is no

longer subject to scrutiny and analysis.

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4. Material use and costs will also be variable between sites and here again no firm data

can be expected for the estimator to use.

5. Plant costs will be even more difficult than the other categories to relate from one site

to another.

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CHAPTER THREE

3.0 RESEARCH METHODOLOGY

3.1 Introduction

Research methodology describes the step by step procedures that were used in conducting

the research. To achieve the study objectives of the study the research was conducted

through a survey approach, whereby data collection was based on a survey of a

representative sample of local contractors within Nairobi.

3.2 Research Design

A research design encompasses the methodology and procedure employed to conduct

scientific research. The design of a study defines the study type (descriptive, correlation,

semi-experimental, experimental, review, meta-analytic) and sub-type e.g. descriptive-

longitudinal, case study, research question and hypotheses, independent and dependent

variables, experimental design if applicable, data collection methods and a statistical

analysis plan.

Ogutu (2011) defines a research design as a plan that guides the investigator in the

process of collecting, analyzing and interpreting observations. It is a logical process

model of proof that allows the researcher to draw inferences concerning causal relations

among the variables under investigation. Research design can also be looked as a blue

print of research dealing with four issues being: what questions to study; what data are

relevant; what data to collect and how to analyze the results.

A case study approach of design has been adopted in this study because it provides an in-

depth analysis into issues being studied and the researcher is able to identify and

understand specific characteristics in a case study that is typical of other cases.

Mugenda and Mugenda (2003) explain that a case study is an in-depth investigation of an

individual, group, institution or phenomenon. The primary purpose of the case study is to

determine factors and relationships among the factors that have resulted in the behavior

under study. The investigation therefore makes a detailed examination of a single subject,

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group or phenomenon. This is why most case studies are based on the premise that a case

can be located that is typical of many other cases.

3.3 Description of the study area

The location selected is Nairobi. Nairobi is the capital city of Kenya and harbors the

majority of construction works. Due to the rampant growth and development of Nairobi,

there is increased need for commercial, industrial, recreational and institutional buildings

which will help in meeting the high demand for buildings from people. Therefore, this

research focused on contractors in the construction industry whose firms or companies

are situated in Nairobi.

Contractors in Nairobi County were considered to adequately represent the country

because over 50% of formal construction work is concentrated in the region and since

most of the contractors are concentrated in the capital city (AAK Journal, 2010).

Furthermore, the contractors in Nairobi form over 45% of all the registered contractors by

the Ministry of Public Works.

3.4 Population

According to Mugenda and Mugenda (2003), population refers to an entire group of

individuals, events or objects having a common observable characteristic. In other words,

population is the aggregate of all that conforms to a given specification. Therefore, the

contractors in the construction industry in Kenya represent the target population (N).

It is often impractical to select a representative sample from the target population because

it may be difficult to identify individual members. In addition, the members of that

population may be large or may be scattered over a wide geographical area. Therefore,

researchers draw samples from an accessible population which is more narrowly defined

and manageable.

The population for this study is all the registered contractors in Kenya. Due to limitation

of time and financial constraints, the contractors within Nairobi County were targeted.

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3.5 Sampling techniques and sample size for contractors

Sampling is the process of selecting a number of individuals for a study in such a way

that the individuals selected represent the large group from which they are selected. To

select a representative sample, a researcher must first have a sampling frame. A sampling

frame is a list, directory or index of cases from which a sample can be selected. Subjects

or cases selected from the sampling frame form the units of observation in a study. It is

important to note that the degree of generalization of a study depends on the accuracy of

the sampling frame from which the sample was selected. If a sample is drawn from an

incomplete sampling frame, the findings from that study may not be generalized beyond

the sample or sampling frame from which the sample was drawn (Mugenda and Mugenda

2003).

The sampling frame was the Ministry of Public Works 2010 register of contractors in

category A to H (Ministry of public works, 2010). Using simple random sampling, the

accessible population for the contractors was categorized into all classes as shown under

the categorization of the contractors by the Ministry of Public Works.

The number of all contractors in Kenya is about 4,000 contractors according to the

contractor’s register as at April 2010.The AAK Journal (2010) states that 45% of all the

contractors in Kenya are based in Nairobi. Therefore, the targeted number of contractors

were 1,800 contractors.Each class of contractors was considered. The researcher assumed

93% confidence level that the response achieved will be within + or -7% of the true state

of affair in the contracting building industry. Therefore the most conservative sample size

is obtained by using a statistical formula as recommended by Mugenda and Mugenda.

N= size of the population (1800)

n= sample

p= sample proportion

q= 1-p

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e= tolerable error level (0.07)

Z= critical normal deviate at a given confidence level worked out from the table showing

area under normal curve.

The sample size (n) is then calculated as follows:

3.6 Data collection instruments

There are various types of data collection techniques: direct observation; standardized

versus investigator-developed instruments; standardized tests; standardized personality

inventories; summated (Likert) attitude scales; questionnaires and interviews (Morgan

and Harmon 2001).

In this study, both primary and secondary data will be collected for the purposes of

analyzing the problem stated in the research. The primary data will be collected through

questionnaires. Secondary data has been collected through reviewing of relevant

literature.

Structured questionnaires were administered as the instrument of data collection on all

the contractors. Generally the questionnaires were intended to determine the tendering

procedures mostly used in the Kenyan construction industry, the various sources of

construction cost information, their reliability, the source most preferred by contractors in

Kenya and the challenges they encounter when using such sources.

3.7 Variables in the study

A variable is a measurable characteristic that assumes different values among the subjects

and it is a logical way of expressing a particular attribute in a subject. Certain variables

can only be operational zed by the use of indicators whereby an indicator in this case will

be the observable evidence of the degree of presence or absence of the variable one is

interested in (Mugenda and Mugenda 2003).

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3.7.1 Independent variables

According to Mugenda and Mugenda (2003: 57), an independent variable is a variable

that a researcher manipulates in order to determine its effect or influence on another

variable. They are also called predictor variables because they predict the amount of

variation that occurs in another variable. In this study, the independent variable is under

pricing of tenders.

3.7.2 Dependent variables / Criterion variables

According to Mugenda and Mugenda (2003), this variable attempts to indicate the total

influence arising from the effects of the independent variable. It therefore varies as a

function of the independent variable. In this study, the dependent variable is the poor

quality of buildings.

3.7.3 Measurement scales of variables

The types of measurement scales that will be used in the operationalization of variables in

this study include the following:

Nominal scale: this is considered to be the lowest level of measurement.

Ordinal scale: this is used when the researcher can detect a differing degree of the

attribute being measured among the subjects.

Interval scale: in this case, the numeral assigned to each measure is ranked in order and

the intervals between numerals are equal.

Ratio scale: this generally has all the characteristics of the other scales and it is the

highest level of measurement.

3.8 Data analysis and presentation

Data obtained from the field in raw form is difficult to interpret. Therefore, such data

should be cleaned, coded, and key-punched into a computer and then analyzed. As a

result of all these, the researcher will be able to make sense of the data (Mugenda and

Mugenda 2003)

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Data collected in this study was analyzed using Microsoft Excel. Presentation of the

analyzed data was then done using pie charts, bar charts and also tables where necessary.

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CHAPTER FOUR

4.0 DATA ANALYSIS AND PRESENTATION

4.1 Introduction

The field research set out to study the variance in pricing similar tenders by individual

contractors a case study of Nairobi County. The prime aim of this research project was

primarily to find out the various tendering methods used in the construction industry

today, the different sources of construction cost information used by contractors in

pricing their tenders and the most used source, and also how the contractors make profits

and the challenges faced by contractors when using such prices.

Table 4.1 Response rate of questionnaires administered

Respondent No. Administered Response No. Percentage

Response

Contractors 43 38 88%

Source: Field Survey, 2013

According to Mugenda and Mugenda (2003), a response rate of 50% is adequate for data

analysis and reporting; 60% is good response; 70% is very good response. Therefore,

88% was very good response for this study.

4.2 Response from Contractors

Table 4.2 Years of experience of the contractor

No. of years experience Response No. Percentage

0-5 5 13.16%

5-10 8 21.05%

10-15 20 52.63%

Over 15 5 13.16%

Source: Field Survey, 2013

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The researcher sought to know the length of experience of the contractors in the

construction industry business. This was to ascertain the credibility of the responses

given by the various contractors. 52.63% of the contractors had experience of between

10-15 years. This means that the responses given by the contractors were reliable since

the respondents had enough years of experience in the construction industry.

Chart4.1 Contractor’s participation in a tendering process

Source: Field Survey, 2013

The researcher sought to inquire whether the contractors had an opportunity of

participating in a tendering process. This was to ascertain the legibility of information

provided by the contractors in regard to tendering.97.37% of the contractors had

participated in a tendering process.

97.37%

2.63%

Contractor's participation in a tendering process

Yes

No

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Chart 4.2: How often the contractors tendered

Source: Field Survey, 2013

From chart 4.2 above, 78.95% of the contractors participated in a tendering process very

often, 18.42% participated often while 2.63% rarely participated in a tendering process.

Chart 4.3 Tendering arrangements commonly used in the construction industry

Source: Field Survey, 2013

78.95%

18.42%

2.63%

How often the contractors tendered

Very often

Often

Rarely

94.74%

26.32%

84.21%97.37%

Open tendering Single-stage selective tendering

Two-stage selective tendering

Negotiated tendering

Tendering arrangements commonly used in the construction industry

Tendering arrangements commonly used in the construction industry

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From chart 4.3 above, 97.37% of the contractors said that the commonly used tendering

arrangement was negotiated tendering and 94.74% of them said that it was open

tendering.

Chart 4.4 Factors considered in awarding the winning tender

Source: Field Survey, 2013

Chart 4.4 above, 100% of the contractors said that the major factor considered when

tenders are awarded is the lowest bidder.39.47% of the contractors provided that the

normal conduct of the business was considered.

Contractor's reputation

Contractor's financial standing

Potential resources

Normal conduct of business

Attitude on contractual claims

Lowest bidder

44.74%

97.37%

94.74%

39.47%

97.37%

100.00%

Factors considered when awarding the winning tender

Factors considered when awarding the winning tender

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Chart 4.5 Awareness of construction cost information sources

Source: Field Survey, 2013

From chart 4.5 above, 100% of the contractors were aware of the available sources of

construction cost information in the construction industry.

Chart 4.6 The various sources of construction cost information available in the

construction industry

Source: Field Survey, 2013

From chart 4.6 above, 100% of the contractors said that they were aware of the

Government literature and builder’s rate books as sources of construction cost sources.

Only 7.89% of the contractors were aware of the combination of both public and firm’s

own data as a source of construction cost information.

100.00%

0.00%

Awareness of the cost information sources

Yes

No

92.11%

71.05%

100.00%

26.32%

100.00%

13.16%

7.89%

Firm's own data

Technical press

Builder's rate books

Information services

Government literature

University/Polytechnic research

Combination of both public and firm's own data

Available sources of construction cost information sources

Available sources of construction cost information sources

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Chart 4.7 Who prices the tenders for the contractors

Source: Field Survey

Chart 4.7 shows that,78.95% of the contractors said that they price the tenders for

themselves and 21.05% of the contractors said that they pay Quantity Surveyors to price

on their behalf.

Chart 4.8 The cost information sources mostly used by contractors

Source: Field Survey, 2013

Chart 4.8 above shows that,100% of the contractors said that they mostly use

Government literature as a construction cost source, 97.37% said that they use builder’s

rate books while all the contractors said that they have never used University/polytechnic

research as a source of construction costs.

78.95%

21.05%

Who prices tenders for contractorsContractors price tenders for themselvesContractors pay QSs to price tenders for them

21.05%

13.16%

97.37%

5.26%

100.00%

0.00%

5.26%

Firm's own data

Technical press

Builder's rate books

Information services

Government literature

University/Polytechnic research

Combination of both public and firm's own data

Construction cost information sources mostly used by contractors

Construction cost information sources mostly used by contractors

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Chart 4.9 Comparison of the prices in the various construction cost sources

Source: Field Survey, 2013

From above, 97.37% of the contractors said that the prices in the construction cost

sources vary.

Chart 4.10 The degree of variance between the various construction cost

information sources

Source: Field Survey, 2013

From chart 4.10 above, 73.68% of the contractors said that the variance between the

prices f the various construction cost information sources is large.

2.63%

97.37%

Comparison of the prices in the construction cost sources

They are similar

They vary

26.32%

73.68%

The degree of variation between the various construction cost information sources

The variation is small

The variation is large

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Chart 4.11 Causes of the large variation in prices between the various cost

information sources

Source: Field Survey, 2013

Chart 4.12 Reliability of the construction cost information sources

Source: Field Survey, 2013

From above, 92.11% of the contractors said that the various sources of construction cost

information were not reliable.

94.74%

94.74%

68.42%

31.58%

Varied labour costs applied

Varied market prices of materials

Varied site locations

varied mathematical techniques used in coming up with the prices

Causes of the large variation in prices between the various sources of cost

information

Causes of the large variation in prices between the various sources of cost information

7.89%92.11%

Reliability of the construction cost information sources

Yes

No

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Chart 4.13 What needs to be done to lessen variation in the prices of construction

cost sources

Source: Field Survey, 2013

Chart 4.13 shows that 94.74% of the contractors said that the construction price

documents should be standardized in order to avoid the large variations in the prices of

the construction cost information sources.

78.95%

94.74%

89.47%

Standardize price indices

Standard construction price documents

Estimators should be precise in their pricing

What needs to be done to avoid the large variation in prices of the construction cost

sources

What needs to be done to avoid the large variation in prices of the construction cost sources

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Chart 4.14 Whether the contractors have ever incurred losses when using the prices

provided in the construction cost sources.

Source: Field Survey, 2013

From above,92.11% of the contractors accepted that they have ever incurred losses after

using the prices provided in construction cost information sources while 7.8% said they

have never incurred losses.

92.11%

Whether the contractors have ever incurred losses while using the prices in cost

information sources

Yes

No

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Chart 4.15 How contractors ensure that they gain profits while using the prices in

construction cost information sources.

Source: Field Survey, 2013

Chart 4.15 above shows that 97.37% of the contractors said that it is never possible to

make profits when using the prices provided in the construction cost information sources.

Chart 4.16 Challenges faced by contractors when using prices from construction

cost information sources

Source: Field Survey, 2013

97.37%

65.79%

36.84%

It is not possible to make profits

Ensuring that the prices quoted are adequate

Understanding the kind of works being priced

How the contractors ensure that they make profits while using prices in the cost

information sources

How the contractors ensure that they make profits while using prices in the cost information sources

92.11%

97.37%

84.21%

97.37%

52.63%

Difficulty in interpreting the prices

Prices of some items are never provided

Inflation of prices

Decisions compromising the quality of materials

Never sure of the availability of the materials locally

Challenges faced by contractors when using the prices in the sorces of construction cost

information

Challenges faced by contractors when using the prices in the sorces of construction cost information

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From above, 97.37% of the contractors said that the most challenges that they face when

using the prices in the construction cost information sources are the decisions they make

in compromising the quality of materials to be used and that in most cases the prices of

some items are never provided in the sources of construction cost information.

Chart 4.17 What needs to be done to avoid challenges in using the prices in

construction cost information sources

Source: Field Survey, 2013

Chart 4.17 shows that 100% of the contractors said that the provision of prices for all the

items of work will be able to reduce the challenges faced by contractors when using the

prices in the various construction cost information sources.

100.00%

92.11%

63.16%

Provision of prices for all items of work

Standard units of pricing should be used

The prices should be separated in terms of imported and locally

available

What needs to done to avoid challenges faced when using prices in cost information

sources.

What needs to done to avoid challenges faced when using prices in cost information sources.

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Chart 4.18 Whether the contractors have ever underpriced and the effects of their

under pricing on the project

Source: Field survey, 2013

From chart 4.18 above, 100% of the contractors responded by saying that the general

effect of under pricing on a project is production of sub standard work.97.37% said that

the effect was losses on the part of the contractors while 94.74% said that the effect was

abandonment of the project.

100.00%

94.74%

84.21%

97.37%

Sub-standard work

Abandonment of the project

Stalling of the project

Losses on the contractor

The effect of underpricing on the project

The effect of underpricing on the project

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Chart 4.19 Chart 4.19: How contractors recover the amount of money lost by under

pricing

Source: Field survey, 2013

Chart 4.19 shows that 100% of the contractors responded by saying that they recover the

monies lost by under pricing projects by supplying cheap alternative materials which are

of low quality.94.74% said that the contractors end up not recovering any amount lost

while 89.47% said that they recover money lost through under pricing by over pricing

other projects which they are executing in order to cover for the amount lost in the under

priced project.

4.3 Interpretation of data

From the data analysis, it has been seen that the majority of contractors have very often

participated in a tendering process where there are different tendering arrangements that

are adopted in the construction industry today which include:

i. Open tendering

100.00%

94.74%

89.47%

Supplying cheap hence low quality alternative materials

Contractors end up not recovering any amount

Overpricing other projects in order to recover the anoutn lost

in another project

How contractors recover the amount of money lost when under pricing

How contractors recover the amount of money lost when under pricing

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ii. Single-stage tendering

iii. Two-stage tendering

iv. Negotiated tendering

The tendering arrangements that are mostly well known to the contractors are the

negotiated tendering, open tendering, two-stage arrangements evidenced with percentages

of 97.37%, 94.74% and 84.21% respectively (Charts 4.1, 4.2 and 4.3).

From chart 4.4, the various factors that are considered in order to award a winning tender

during the process of tendering are:

i. The lowest bidder

ii. Attitude of the contractor on contractual claims

iii. Normal conduct of business of the contractor

iv. Potential resources of the contractor

v. Contractor’s financial standing

vi. Contractor’s reputation

100% of the contractors responded by saying that the most commonly considered factor

when awarding tender to the winning Tenderer is the lowest bided tender.

All the contractors were aware of the various sources of construction cost information (

chart 4.5). The various construction cost information sources available were foung out to

be:

i. The firm’s own data

ii. Technical press

iii. Builder’s price book

iv. Information services

v. Government literature

vi. University or Polytechnic research

vii. Technical information

viii. Combination of both public and firm’s own data

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According to chart 4.6, 100% of the contractors knew about the existence of both the

builder’s price book sources and the government literature source. The sources were

mostly used by contractors in the pricing of their tenders is the government literature and

the builder’s price books. It was also shown that the prices in the various sources of

construction cost information varied very largely from one source to the other (charts 4.7,

4.9, 4.10 and 4.11).

78.95% of the contractors claimed that they price for tenders themselves while 21.05%

said they paid QSs to price for their tenders. The large variance between the various

sources of construction cost information were:

a). Varied mathematical techniques used in coming up with the prices

b). Varied site locations

c). Varied market prices of materials

d). Varied labour costs available

The contractors suggested various ways that the large variations between the sources of

construction cost information can be eliminated which were as follows:

a. Estimators should be precise in their estimation

b. Standard construction price documents should be embraced

c. The price indices used should be standardized

92.11% of all the contractors said that they have at one point incurred losses while using

the prices provided in the various construction cost sources. In order to make profits on

the works being priced, the contractor does the following:

a. Understands the work being priced

b. Ensures that prices quoted are adequate

97.37% of the contractors said that it is always hard to make profits at all when using

these sources to price for tenders hence end up making losses each and every time.

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There are various challenges faced by contractors when using these prices and they are:

i. The contractors are never sure of the availability of materials locally.

ii. It becomes difficult when making decisions that compromise the quality of the

materials.

iii. Inflation of prices leaves the prices being used too low to use.

iv. The contractors have difficulties n interpreting the prices.

v. Prices of some items of work are never provided for hence becomes difficult for

the contractor to derive them.

There are various ways proposed by the contractors on how the above challenges can be

overcome and they include:

i. The prices should be separated in terms of imported and locally available

materials.

ii. Standard units of pricing items should be used.

iii. Provision of prices for all items of work.

Majority of the contractors did under price a project at one time while using the prices in

the various sources of construction information and 100% of them said that the effect of

under pricing the projects was sub standard works being done (chart 4.18).

When a tender is under priced, the contractor will recover the amount lost either by

supplying cheap alternative materials for the works which leads to poor quality products

or by over pricing a side project in order to counter the loss in the under priced project.

Therefore, it was shown that 92.11% of the contractors said that the various sources of

construction cost information are unreliable (chart 4.12).

The above inferences have thus tested the hypotheses and proven them to be true that:

HO1 Under pricing of tenders by building contractors in the construction industry has not

led to the poor quality of buildings.

HA1 Under pricing of tenders by building contractors in the construction industry has led

to the poor quality of buildings.

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4.4 Problems encountered in the field

1.The contractors were not ready to disclose any information saying that they needed a

letter addressed to them directly from the department of the university.

2. It was hard to get hold of some of the contractors because they were very busy and

they could not answer the questionnaires through internet.

3.Some of the contractors needed the questionnaires to be taken to the construction sites

they were working on and it was hectic getting locations of these sites.

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CHAPTER FIVE

5.0 CONCLUSIONS AND RECOMMENDATIONS

5.1 Introduction

This research sought to evaluate the variance in pricing similar tenders by individual

contractors a case study of Nairobi County. This chapter presents in summary, the main

findings and the conclusions and discusses the recommendations made in light of the

study objectives.

The study aimed at achieving the following objectives:

1. To identify the various tendering procedures adopted in the construction industry.

2. To determine the various sources of cost information in the construction industry, their

reliability and the most preferred ones by the contractors.

3. To find out how contractors make profits by using the rates in the cost information

sources and what challenges they face when using the rates.

5.2 Main findings

The most common tendering arrangements used in the construction industry are the

negotiated tendering, open tendering and two stage selective tendering. All contractors

participate in a tendering process whereby they price their own tenders. The major factor

that is considered when awarding the winning tender is the lowest tendered price.

There are various construction cost information sources used in the construction industry

however the most common sources used by contractors are the builder’s price books and

the government literature. It was found out that the prices in the various construction cost

sources have a large variance between each other hence unreliable. In most cases

contractors price their own tenders and sometimes they pay a Qs to price for them.

Contractors face various challenges when using the prices provided in the construction

cost information sources and they are:

i. The contractors are never sure of the availability of materials locally.

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ii. It becomes difficult when making decisions that compromise the quality of the

materials.

iii. Inflation of prices leaves the prices being used too low to use.

iv. The contractors have difficulties in interpreting the prices.

v. Prices of some items of work are never provided for hence becomes difficult for

the contractor to derive them.

It is possible for a tender to be under priced when using these construction cost

information sources. The under pricing of the tender has negative effects on the project as

a whole which is either substandard works are done, the project is stalled or it is

abandoned by the contractor.

When a tender has been under priced, the contractors recover the amount lost by using

cheap alternative materials which are of low quality hence sub standard works and in

other circumstances they over price other projects to counter the amount lost in the under

priced projects.

Conclusions

From the findings, all contractors do participate in a tendering process and in most cases

they price tenders themselves whereby they use the government literature and builder’s

price books in pricing the tenders because these are the well known sources of

construction cost information. When using these sources, contractors under price projects

and make a lot of losses which influences them recover the amount lost by either using

alternative cheap materials leading to sub standard works or overpricing other projects.

The most common challenges faced by contractors when using these prices are difficulty

in interpreting them and some prices of other items are never provided hence making it

difficult for the contractors to derive them. This means that the prices provided by the

sources of construction cost information are unreliable.

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5.4 Recommendations

1. During tendering processes, the lowest tender should not be taken as one of the factors

considered when awarding tender in order to reduce the number of claims made by

contractors and also to improve the standard of buildings erected.

2. Prices for items of work in the various construction cost information sources should be

made standard in order to avoid the situations where tenders vary from each other with a

large amount.

3. There should be standard price indices that should be applied in the construction

industry.

4. Creating awareness of the available sources of construction cost information to all the

contractors.

5. Educating contractors on how to derive the prices to be used in tendering.

5.5 Areas of further study

1. Comparing the current registration of contractors by the NCA with that of the former

Ministry of Public Works.

2. Procedures lay down by the NCA to eliminate the substandard works done by

contractors.

3. Evaluate the organization of contractors in Kenya.

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Appendix 1 References

1. Africa Building (2013), Building in Kenya [Online] Available from:

www.africabuilding.com. [Accessed: 17 January 2013].

2. Arthur F.O (1992) construction administration in Architectural practice McGraw-

Hill, Inc. California.

3. Ashworth, A. (1999) Cost Studies of Buildings, Addison Wesley Longman Ltd.

4. Atkins, W.S. (1994) Strategies for the European construction sector: a programme

for change, final report of the strategic study on the construction sector, European

Commission.

5. Beesley, C. (2012) How to Start a Small Construction or General Contracting

Business.[Online].Available from: www.sba.gov/community/blogs. [Accessed: 12

March, 2013].

6. Bentley, J.I.W (1987) Construction Tendering and Estimating E&F.N. Spon.

7. Bowen P.A. (1993) Uncertainty in Builders Price Forecasting; Price Data

Consideration, Department of Construction Economics and Management, University

of Cape Town USA.

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Appendix 2 Introductory letter

Kilonzo Julius

School of the Built Environment

Department of Real Estate and Construction Management

UNIVERSITY OF NAIROBI

P.O BOX 30197-00100

NAIROBI

4th

April, 2013

To

Respondent

I am a student at The University of Nairobi conducting a research on ‘An investigation

of the variance in pricing similar tenders by individual contractors (case study of

Nairobi County)’ as part fulfillment for the award of B.A. Degree in Quantity

Surveying. I intend to administer questionnaires to you as a tool for data collection.

DECLARATION

THE INFORMATION COLLECTED THROUGH THE USE OF

QUESSTIONNAIRE(S) AS WELL AS YOUR IDENTITY SHALL BE TREATED AS

CONFIDENTIAL AND SHALL BE USED FOR RESEARCH PURPOSES ONLY.

Your assistance will be highly appreciated.

Thanks

Kilonzo Julius (Researcher).

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Appendix 3 Questionnaire to the Contractors

Instructions:

Please put a tick in the box next to the right response.

More than one response IS ALLOWED in one question except for the NO and

YES responses.

1. How long have you been in the construction business?

………………………………………………………………………………………………

2. Have you ever participated in a tendering process?

Yes No

3. If yes in the above question, how often have you participated?

Very often

Often

Rarely

4. What are the various types of tendering arrangements that are commonly used in the

construction industry today?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

5. What factors are considered in awarding a winning Tenderer?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

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6. Are you aware of any construction cost information source used in providing rates for

pricing tenders?

Yes No

7. If yes on the above question, what are the various construction cost information

sources that you are aware of?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

8. Are you the one who prices the tenders or you hire a Quantity Surveyor to do it for

you?

Price tenders alone

Pay a Quantity surveyor to price the tenders

9. What sources of construction cost information do you usually use when pricing your

tenders?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

10. How do you compare the prices in the various construction cost information sources?

They are similar

They vary

11. If they vary, what do you think is the degree of the variation between the prices of the

various construction cost information sources?

The variation is small

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The variation is large

12. In your own opinion, what do you think causes the large variation in prices between

the cost information sources?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

13. Are the various sources of construction cost information reliable?

Yes

No

14. What do you think needs to be done to ensure less variation between the prices of the

cost information sources?

(Please mention)

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

15. Have you ever incurred a loss when using the prices in the construction cost

information sources?

No

Yes

16. When using these prices, how do you make sure that you gain profits at the end of the

projects?

(Please mention)

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………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

17.Do you experience any challenges when using these prices?

Yes (please mention the challenges)

………………………………………………………………………………………………

………………………………………………………………………………………………

………………………………………………………………………………………………

No

18. What do you think needs to be done to avoid such challenges in future?

………………………………………………………………………………………………

………………………………………………………………………………………………

19. Have you ever underpriced a tender? If yes, what were general effect on the project

that you underpriced?

………………………………………………………………………………………………

………………………………………………………………………………………………

20.How do you recover the amount of money lost when a tender is underpriced?

………………………………………………………………………………………………

……………………………………………………………………………………………..

THANK YOU