Appointment of Works Consultant
With consensus among owners and sufficient information of building rehabilitation in hand, owners can proceed to prepare for the appointment of works consultant. The major tasks at this stage includes:
To prepare appropriate tender documents for works consultancy service, owners should understand the reasons for its undertaking and its duties and scope of services. In general, a works consultant is responsible for building inspection, drafting of works tender documents with cost estimate, assistance in the appointment of works contractors, analysis of tenders, site supervision, payment certification, issuance of work completion certificate and provision of relevant professional advice.
To enhance fairness and reduce the risk of collusive tendering in the procurement of work consultant, OCs must comply with regulations stipulated in Building Management Ordinance and Code of Practice on Procurement of Supplies, Goods and Services and utilise standard tender documentation and recommended procedures wherever possible.
Tender opening procedures, where received tenders are analysed in accordance with set tender assessment criteria, should commence when the deadline for tender submission is due. In addition to the assessment of service charges, other non-pricing-related factors should also be taken account of, such as company background and track records. A tender assessment task force comprising owners, members of the MC and representatives of the building management company may be form where possible.
Report tender assessment results in an owners’ meeting where possible, followed by invitation of shortlisted tenderers to an interview, with reasons of such interviews listed in detail in meeting records. Where possible, owners’ participation in interviews with tenderers is highly desirable, during which all tenderers are asked a single designated set of questions. To ensure fairness, the interview duration for all tenderers shall not vary.
If the value of the consultancy service contract does not exceed 20% of the annual budget of the OC, resolution on the selection of works consultant may be passed by the MC. To facilitate the participation of more owners and enhance the transparency of the process, tenders may also be tabled at an owners’ meeting for consideration. Owners should select works consultant under the principles of fairness, impartiality and openness and avoid bargaining with the consultant at the meeting.
A works consultancy service contract shall be drawn in accordance with the tender received and other verbal or written undertakings by the successful tenderer. Before entering into the contract, responsibilities of each party should be clarified, where contract terms, estimated works schedule and subsequent tasks and workflow should be confirmed.