Practical Risk Management for EPC / Design-Build Projects. Walter A. Salmon

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Practical Risk Management for EPC / Design-Build Projects - Walter A. Salmon


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and the Commercial Bid Proposals, and it is not unusual for the EPC Contractor procurement process, from floating of the bid enquiry by the Employer to signing of the Contract, to take more than a year to complete.

      The Technical Bid Proposal is compiled with input from the Contractor's technical teams, after which it is subjected to evaluation by the Employer. The main purposes of such an evaluation are:

      1 to establish the Contractor's capability for executing the Project, and

      2 to determine if the Technical Bid Proposal meets the Employer's requirements fully and can therefore be considered acceptable.

      Moving forward, once the Employer has accepted a bidder's Technical and Commercial Bid Proposals, the Employer will generally issue a Letter of Intent to the selected Contractor before the formal Contract is signed, in order to save time in commencing the Project's implementation work. However, before the Employer issues such Letter of Intent, many negotiations and discussions will have taken place regarding the wording of the contractual and work scope clauses. In fact, a lot of effort and resources are put into that exercise, right from the stage of compiling the Bid Proposals through to the receipt of the Letter of Intent. Those costs, along with all other costs of bidding, are solely borne by each bidder at its own expense, and they are generally recorded (written off) in the financial statements of the bidders as management expenses.

      1 1 Government of South Australia (2005). Construction Procurement Policy Project Implementation Process. ISBN 0-9775044-0-7. www.dpti.sa.gov.au/__data/assets/pdf_file 0020/51653/pip.pdf (accessed 28 November 2017).

      2 2 Bobbitt Design Build Inc. (15 April 2019). New study: design-build can cut project delivery time in half. https://www.bobbitt.com/article/new-study-design-build-can-cut-project-delivery-time-in-half (accessed 6 May 2019).

      3 3 Wikipedia. Design-build. https://en.wikipedia.org/wiki/Design-build (accessed 23 August 2018).

      4 4 Douglas R. (2016). EPC or EPCM contracts, which one can drive stronger outcomes for project owners? http://www.ausenco.com/en/epc-epcm-whitepaper (accessed 11 November 2017).

      5 5 Both books published by FIDIC (also known as ‘The International Federation of Consulting Engineers’, FIDIC being the acronym of the French version of its name).

      6 6 Loots P. and Henchie N. (2007). Worlds Apart: EPC and EPCM Contracts: Risk Issues and Allocation, Mayer Brown, p. 2.

      7 7 McNair D . (January 2016). EPCM Contracts: project delivery through engineering, procurement and construction management contracts. www.pwc.com.au/legal/assets/investing-in-infrastructure/iif-8-epcm-contracts-feb16-3.pdf (accessed 29 October 2018).

      8 8 Ibid., Section 2.4.2.

      9 9 Agarwal R., Chandrasekaran S. and Sridhar M. for McKinsey & Company (June 2016). Imagining construction's digital future. http://www.mckinsey.com/industries/capital-Projects-and-infrastructure/our-insights/imagining-constructions-digital-future, p. 1, Exhibit 1 (accessed 23 August 2017).

      10 10 My conclusion does not apply to ‘reimbursable’ type EPC Contracts (which nearly always benefit the Contractor, but, sadly for Contractors, seem to be next to non-existent nowadays).

      11 11 Johannsen H ., for Singleton Urquhart LLP (21 November 2017). Design-build /EPC contracts. www.inf.gov.nt.ca/sites/inf/files/resources/design-build_epc_contracts_-_pmc_2017_helmut.pdf (accessed 5 May 2018).

      12 12 Galonske B. and Weidner W. (2010). Profitability of plant construction – risk management as a profit driver. http://www.oliverwyman.com/content/dam/oliver-wyman/global/en/files/archive/2011/Risk_management_as_a_profit_driver_Perspectives_2_2010_en.pdf, p. 14 (accessed 22 October 2017).

      13 13 Saipem (2014–2015). General EPC contractors in oil & gas markets. http://www.diem.ing.unibo.it/personale/saccani/index_files/Impianti%20Meccanici%20T%20(dal%202014-2015)/Il%20processo%20EPC.pdf, p. 4 (accessed 1 June 2018).

      3.1 Project Risk Management – Definition

      Before proceeding further, I feel that it


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