Tender Document Preparation & Review

Section 1

Purpose

The tender documents form the complete information package issued to tenderers for pricing the works. Their quality directly determines the reliability of tender returns: well-structured, complete documents produce comparable, competitive tenders; incomplete or ambiguous documents produce qualified returns, abortive clarification rounds, and post-contract disputes about scope. The QS is responsible for compiling, reviewing and issuing the tender document package and must ensure all components are complete and consistent before issue.

RICS Tendering Strategies (1st edition, 2015) sets out the mandatory components of the tender document package for different contract types. For traditional lump-sum contracts, the package includes: ITT cover letter, Form of Tender with certificate of non-collusion, contract conditions and amendments, Instructions to Tenderers, the pricing document (BQ or schedule of works), design information, pre-construction information, and appendices. For Design and Build, the Employer's Requirements replace the design information and pricing document.

RICS E-Tendering (2nd edition, 2010) recommends that tender documents are issued via a secure web-based extranet for projects over £3m. This provides a documented audit trail of document issue, query responses and tender receipt — essential evidence for accountability and auditability requirements under RICS Tendering Strategies.

Section 2

Key Principles

RICS Tendering Strategies (1st edition, 2015), Section 3.6: defines the standard tender document components for each contract type; confirms parity obligation — all tenderers must receive identical information.
RICS E-Tendering (2nd edition, 2010): recommends web-based extranets for projects over £3m; provides the E-Tendering Ten Point Plan and preparation checklist; confirms that email is not suitable as primary distribution due to lack of sealed-bid functionality.
JCT Tendering Practice Note (2012): governs error-correction procedures post-receipt of tenders (Alternative 1: Confirm or Withdraw; Alternative 2: Confirm or Amend); error-handling rules must be stated in the Instructions to Tenderers.
Construction (Design and Management) Regulations 2015 (CDM 2015): pre-construction information prepared by the Principal Designer must be included as a tender appendix; tenderers price CDM obligations within their preliminaries.
PAS 91:2013 Construction Prequalification Questionnaire: UK government standard PQQ form; use as basis for prequalification of tenderers on public sector projects.
Public Contracts Regulations 2015 / Procurement Act 2023: for contracting authorities above threshold, the tender process must follow the applicable regulated procedure (open, restricted, competitive dialogue); tender documents must comply with the OJEU/FTS notice requirements.

Section 3

Practical Application

Step 1

Compile the tender document checklist for the contract type: Traditional (ITT letter, Form of Tender + non-collusion certificate, contract conditions, contract particulars, instructions to tenderers, BQ, design information, pre-construction information, appendices); D&B (ITT letter, Form of Tender, contract conditions, Employer's Requirements, form of contractor's proposals, Contract Sum Analysis format, appendices); NEC4 (ITT letter, Form of Tender, works information, site information, contract data parts 1 and 2, activity schedule or BQ).

Step 2

Draft the Instructions to Tenderers (ITT): confirm the tender period (typically 4–6 weeks for traditional single-stage; shorter for two-stage first-stage); state the scoring matrix for quality/price evaluation; define the error-handling procedure (JCT Alternative 1 or 2); specify how queries must be submitted (in writing via portal only) and the query response deadline.

Step 3

Draft the Form of Tender: tenderer inserts the lump sum price, confirms acceptance of contract conditions without qualification, states the tender validity period (typically 90–120 days), and signs the certificate of non-collusion. The Form of Tender must be returned with the tender.

Step 4

Review the contract conditions and prepare a schedule of amendments. Standard forms should be used with minimal amendment; each amendment must be clearly identified (numbered clause reference, deleted text struck through, inserted text underlined), and the Instructions to Tenderers must direct tenderers to the amendments schedule.

Step 5

Assemble the design information package: architectural drawings (at minimum 1:100 general arrangement plans, sections and elevations; 1:50 key details); structural engineer's scheme drawings; M&E specification; landscape drawings; any specialist employer's requirements. Confirm all drawings are issued, numbered, dated and consistent with the BQ.

Step 6

Include the pre-construction information pack (CDM 2015, Regulation 4): project description; existing hazards (asbestos, contamination, live services); design assumptions and design risk register extracts; programme requirements; welfare arrangements. This is a legal requirement — failure to provide it may constitute a CDM breach.

Step 7

Set up the e-tendering portal: upload all tender documents with a clear document index; set tender return deadline and confirm the portal's sealed-bid functionality; circulate access credentials to shortlisted tenderers; confirm receipt of access by each tenderer.

Step 8

Conduct a pre-issue QA review: check consistency between the BQ quantities and the drawings; verify contract particulars are complete; confirm all appendices are included and referenced in the document index; confirm the Form of Tender total matches the BQ/pricing document summary. Issue only after QA sign-off.

Section 4

Common Mistakes to Avoid

Issuing tender documents with an incomplete or inconsistent design information package — tenderers who discover missing information mid-tender will submit qualifications or inflated contingency allowances, undermining comparability.
Not including the pre-construction information (CDM 2015) — this is a legal obligation; its omission exposes the client and QS to regulatory non-compliance, and tenderers cannot properly price CDM preliminaries obligations without it.
Failing to state the error-handling procedure in the Instructions to Tenderers — without a pre-agreed procedure, the QS has no authority to open and discuss tender errors with tenderers post-receipt.
Using email to distribute tender documents — email provides no sealed-bid functionality, no audit trail of receipt, and carries document integrity risks. A web-based extranet is the standard at project values above £3m.
Issuing qualified or heavily amended contract conditions without clearly identifying all amendments — tenderers who miss an amendment may submit a non-compliant tender or, worse, execute a contract without understanding the amendments.

Section 5

APC Competency & Quick Reference

APC Competencies: Procurement & Tendering (L2) | Legal & Regulatory Compliance (L1) | Cost Management (L1) | Commercial Management (L1)

What are the standard tender document components for a traditional lump-sum contract?

Per RICS Tendering Strategies (2015): (1) ITT cover letter; (2) Form of Tender with certificate of non-collusion; (3) contract conditions and amendments schedule; (4) Instructions to Tenderers (incl. scoring matrix and error-handling procedure); (5) pricing document (BQ or schedule of works); (6) design information package; (7) pre-construction information (CDM 2015); and (8) appendices (programme requirements, form of bond, collateral warranty forms).

Why is email not recommended for tender document distribution?

RICS E-Tendering (2010) identifies three problems with email: (i) no sealed-bid functionality — tenders could be opened early; (ii) file size limits restrict large BQ or drawing packages; (iii) no reliable audit trail confirming what was received and when. A web-based extranet provides sealed-bid control, timestamped receipts and a complete audit trail, which are essential for accountability and auditability.

What is the JCT non-collusion certificate and why is it included?

The certificate of non-collusion is a statement signed by the tenderer confirming that their tender has been prepared without collusion with other tenderers or the client's team, and that the price submitted is genuine and not the result of anti-competitive practice. It protects the client from cartel risk and is a standard element of the Form of Tender. Under the Competition Act 1998, bid-rigging is a criminal offence.

Section 6

Tender Document Preparation Checklist

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Tender document checklist prepared for applicable contract type

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Instructions to Tenderers drafted (tender period, scoring matrix, query procedure, error-handling)

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Form of Tender prepared (lump sum, validity period, non-collusion certificate)

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Contract conditions reviewed; schedule of amendments prepared and clearly identified

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Design information package assembled and confirmed consistent with BQ

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Pre-construction information pack prepared (CDM 2015, Regulation 4)

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E-tendering portal configured (sealed-bid, timestamped receipt, document index uploaded)

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Tenderer access credentials issued and receipt confirmed

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Pre-issue QA review completed (BQ vs drawings consistency; contract particulars complete)

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All tender documents issued simultaneously to all tenderers

Section 7

CPD Learning Outcomes

Compile a complete tender document package for a traditionally procured building contract, applying RICS Tendering Strategies (2015) and RICS E-Tendering (2010) guidance on document components, distribution method and tender period.
Prepare Instructions to Tenderers that correctly specify the tender period, quality/price scoring matrix, query management procedure and JCT error-handling alternative (1 or 2).
Identify the legal and regulatory obligations embedded in tender documents: CDM pre-construction information, non-collusion certificate, and public procurement procedure requirements under the Public Contracts Regulations 2015 / Procurement Act 2023.

Section 8