1. Defining Requirements

A prospective client must first define what is wanted from the project and from the consultant engaged to undertake it. This is best done in the form of a Brief that defines the scope of work required. It will usually also indicate what information the client requires from tendering consultants to assist in evaluating their proposals.

Accordingly the Brief might embrace some or all of the following components:

• Detail on the scope of work to be carried out and the final product that is required. This may, for example, include

• review of prior relevant investigations and of reports on these,
• consultation with interested parties who have views or information to offer on the project,
• site investigations,
• compilation of relevant data from all of the above and any other available sources, and interpretation of this data,
• submission and subsequent review of a draft report, and

• amendment of the draft report to present a final document and recommendations.
• A preferred schedule for carrying out the work, including start and finish dates and any interim check points.
• Information the client requires to assist in assessing the competence of tendering consultants and their costs.
  This might include:

• definition by consultants of how they intend to approach and carry out the project;
• personnel to be involved and the particular input each will make to the project;
• the experience of these personnel and of the consultancy firm as a whole, particularly in relation to projects of a similar nature to the one on which tenders are sought;
• a breakdown of costs the consultant will charge to carry out the work, including hourly/daily rates for individuals, incidental expenses and the total cost;
• a timetable for carrying out the various components of the project; and
• evidence of appropriate insurance coverage (usually professional indemnity, public liability, and, if employees or sub-contractors are to be involved, workers compensation).

In some cases, particularly where the Brief is not sufficiently specific, a client may indicate to tenderers the budget for the project. While is not essential, is often prudent to at least indicate an approximate price range for the project (eg. projects of different magnitude might be indicated as falling in the price range $6,000-9,000 or $40,000- 60,000). This can ensure that all submissions are based on a common premise as to the detail of investigation required by the client, so that the proposals better lend themselves to comparison.

In the absence of indicative price information, different consultants can have different perceptions of the depth of investigation required, leading to widely divergent quotations. Cheaper proposals in such cases could be based on a superficial and inadequate level of investigation, while more expensive proposals may better meet the requirements of the project, yet this can be difficult for a client to discern.

The length and detail of the Brief will generally be related to the size and complexity of the job. A major project may require a complex and lengthy Brief to cover all its elements, but it is inappropriate, on the other hand, to provide a long or complex Brief for a small and simple job.

2. Invitation to Tender

Using the Brief to define the client’s requirements, proposals can then be sought through several avenues - direct selection of a single consultant, selected tender, or open tender. Again, the avenue chosen may depend on the size and complexity of the job.

Tendering firms should be advised of the criteria to be used by the client in selecting the successful tenderer and the relative weight to be attached to each of these criteria. Recommended criteria are discussed at 3 below.

2.1 Single Consultant
The client may simply invite one consultant to submit a proposal and quotation. This may occur where the client’s prior experience of the consultant, or that of others whose advice the client respects, gives confidence that the consultant is well equipped to carry out the work at a realistic price.

The process is straightforward, but demands a sound knowledge and trust of the consultant by the client or the client’s advisers and a responsible approach by the consultant in the absence of competition.

The client can reserve the right to seek further proposals and quotations if the proposal submitted by the preferred consultant appears inadequate or the price is excessive.

2.2 Selected Tender
In this case the client invites a small number (say 2 to 4) to tender.The chosen tenderers may be selected by first inviting expressions of interest through an advertisement. This will provide a brief outline of the nature and objectives of the project and will request a statement of relevant capabilities and experience from those who respond. The client subsequently determines from these the firms that appear most suited to the project.

Alternatively, the client may draw upon his/her own prior experience, or that of others such as government or industry personnel, to select suitable firms.

In either of the above two cases, the ECA Register of Members can assist by facilitating the matching of consultancy firms against the expertise required.

The firms selected through this process are subsequently issued with a copy of the Brief and are invited to respond with a detailed proposal and cost.

The approach has the advantage that consultants will be more interested in tendering as the prospect of being the successful tenderer is very much increased.

From a client’s standpoint, it simplifies the sieving process to select a successful tenderer. Furthermore, if the basis for selecting preferred tenderers is sound, the client is more assured of securing quality proposals from those most suited to carry out the work.

2.3 Open Tender
In an open tender process, the client generally advertises through the press, providing brief details on the project and on what will be required of a successful tenderer, and inviting interested parties to request a copy of the Brief.

This process is the least satisfactory of the three, often yielding large numbers of proposals whose comparative merit is unclear. The client then has a most difficult task to discern which of the large number are worth short-listing for closer appraisal.

The approach also runs the risk that some competent consultants who are in greater demand may not respond, because the process is time-consuming and the prospect of being selected from a large field is low. Thus the best consultant for the job may be missed by the client.

3. Review of Tenders and Selection of Preferred Consultant.

It may be unwise to select a consultant on price only. Rather, it is a matter of balancing the quality of the proposal, the background and experience of the personnel who are to carry out the work, the price that is to be charged for their time, and the nature of the project.

In reviewing tenders a client should consider the following key points to seek a consultant who will provide a satisfactory product for a competitive price:

• Whether the proposal adequately addresses the Brief, demonstrates an understanding of what the client requires, and indicates sufficient knowledge of the sphere of investigations to ensure that the consultant can carry out the work satisfactorily.
• Whether the consultant appears able to meet the time schedule for the project without unacceptable overruns on either time or budget.
• Whether the past record of the firm and the professional qualifications and experience of individuals who are to work on the project indicate a background that equips them adequately to undertake the work. The quality and experience of those individuals who will be carrying out the most important elements of the project are particularly important, as are the expertise and time commitment of the person designated to manage the project.
• The hourly rates proposed for each individual who is to work on the project and whether these represent good value for the expertise that is being offered, and the total price quoted and whether this appears reasonable for the scope and quality of work offered.
• Is the consultant a member of the Environmental Consultants’ Association? All ECA members are recognised professionals in their field who have committed to the Association’s code of ethics. If problems arise, there can be recourse via the Association for lodgement of a complaint and subsequent arbitration and/or conciliation.

4. Appointment of Consultant

Having selected a preferred consultant, the client should issue a letter of appointment clearly stating the terms of engagement. Some organisations and consultants have a standard set of terms and conditions covering a wide range of aspects, from standard of work through invoicing and payment to situations in which employment may be terminated.

If the scope of the project is uncertain (eg. there may be potential for findings emerging in the course of the project to change its scope), there should be an understanding at the outset, reflected in the terms of engagement, of the basis on which any additional work will be undertaken. This will usually involve stipulation of an hourly rate at which additional work is to be charged together with an understanding on negotiations between the client and the consultant before additional work is commenced.

It is prudent for the client to meet the consultant at project initiation to fully discuss the work to be undertaken. This should aim to ensure full understanding on both sides of the objectives, scope and expectations of the project, timing and budget, and the terms of engagement.

5. Monitoring Progress

Engagement of the consultant may be only the beginning, particularly if the job is long and/or complex. The client may wish to ensure that the final product satisfactorily addresses the Brief by maintaining regular liaison with the consultant as the project proceeds.

Such liaison is in the interests of both parties, so that the client remains informed on works progress and emerging findings, and is in a position to discuss with the consultant possible variations to the scope or emphasis of the project, should emerging findings suggest such variation is warranted.

While the original Brief will generally prove satisfactory to see a project through to completion, it is sensible to retain flexibility in case unforseen findings emerge that justify a modification to the Brief. Any such modifications should be suitably documented.

If the client is kept fully informed on emerging findings and their interpretation, the consultant’s report and recommendations should present no surprises and should satisfactorily address the client’s requirements. A safeguard can be provided by having a two-step reporting phase:

• submission of a draft report which the client and other interested parties review in consultation
with the consultant to agree on amendments; and
• a final report which is subsequently drafted to reflect the findings of this process.