Introduction to FIDIC

- Technical Specifications

- Employer’s Requirements

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 For constructions we generally use two
types of Specifications:
Technical Specifications
As appropriate to the Red Book must describe:
- quality of materials
- quality of workmanship
- assembly
- location of permanent works

and
Employer’s (Performance) Specifications:
Used where elements of, or all of the design, is not complete
and is to be progressed by the successful Contractor (Yellow
Book). They describe the performance parameters of
finalised works
 Compliance with EC Public
Procurement Directives
 Generally the EC Public Procurement Directives, contain little if any
that is inconsistent with PRAG, regarding Technical Specifications

 A key point of the Directives is to remove obstacles to the free

movement of goods and services in the context of a single market

 Non-objective and biased Technical Specifications in the field of

Public Procurement are significant hindrances to the establishment
of open and fair competition

 In terms of open and fair competition, PRAG states that where

products cannot be described in a sufficient clear or intelligible
manner, they may be named as long as the words “or equivalent”
follow them, but otherwise no brand name or model can be indicated
in the Technical Specifications
 Preparation of
Technical Specifications
Under New Red Book

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 The key words are:
“Describe everything about the materials and workmanship
that cannot be shown on the drawings”

 The Specification should not overlap with other documents

 Each document has its own responsibility and is linked with

the other documents

 Specification should not contain any references to money

(other than provisional sums)

 The Tenderer/ Contractor takes into account all the provisions

of the specification within the rates and prices included
elsewhere in the Tender/ Contract documents
 Phraseology of Specifications needs to be
positive and concise:
 Typical words of strength in instructions are for example
‘Shall’ ‘Will’ ‘Must’
 To be avoided is the use of ‘may’ as in for example, ‘may be
required’
 Such phrases and loose terms indicate that the Contracting
Authority is undecided or does not have details, the
Contractor can’t be deemed to have included in his rates and
prices for such uncertainty. Moreover, Contractors may
exploit such aspects
 The standard element should ideally be National, but if not
achievable, it should be at least standard across one or more
Implementing Agency’s.
 Chapters of Specifications
The content should be divided into key elements, for
example, but not limited to:
 Site clearance

 Earthworks

 Drainage / Pipework

 Road pavements

 Piling and Foundations

 Structural concrete

 Structural steelwork

 Rail Track

 Tunnels, etc.

 Environmental/ Landscape/ Ecology

 In Summary:

 The purpose of Technical Specifications (for Supply and

Works Contracts) and Statements of Requirements is to
give instructions and guidance to Tenderers

 Importance of thorough preparation

 Ensure that project has been properly conceived

 More time and effort during project preparation will save

time and money in the later stages of the project cycle

 Technical Specifications must afford equal access for

candidates and Tenderers and not create unjustified
obstacles to competitive tendering
 Preparation of
Employer’s Requirements
Under New Yellow Book
 New ‘Yellow Book’

Conditions of Contract for Plant and Design Build:

 For electrical and mechanical plant

 Building and engineering works designed by the Contractor

‘Employer’s Requirements’

 The document entitled Employer’s Requirements, as included in the

Contract, specifies the purpose, scope and/ or design and/ or other
technical criteria for the works
 The Employer’s Requirements is the document that states the
precise requirements for completed works including functional
requirements, quality and scope
 FIDIC Clause 1.5 – Priority of Documents
 the Contract Agreement (if any)

 the Letter of Tender

 the Particular Conditions

 these General Conditions

 the Employer’s Requirements (Technical Specifications in the Red

Book)

 the Price Schedules (Bills of Quantities in the Red Book), and

 the Contractor’s Proposal and any other documents forming part of

the Contract

If an ambiguity or discrepancy is found in the documents, the Engineer

shall issue any necessary clarification or instruction
 The Employer’s Requirements that state the precise
requirements of Employer for the completed Works should
not:
 specify any matters that would be anyway imposed on the
Works by the applicable law
 reduce the Contractor’s design responsibilities
 be imprecise and difficult to enforce
 rely on the future opinions of the Engineer or Employer’s
Representative, which Tenderers cannot evaluate
 Employer’s Requirement’s may include outline drawings for
the proposed Works. (Often referred to, as ‘Illustrative Design’)
 The incorporation of such design aspects must give full
consideration for any consequences and the ultimate
responsibility for this information
Available supporting information
 geotechnical data
 topographical data
 environmental data
 legal framework for the site
 historical maintenance data
 progress/ management meetings
 traffic management and liaisons
 partnering requirements
 publications to be retained on site
 Key information related to FIDIC
Clauses
Certain Clauses are to be read in conjunction with the
Technical Specifications/ Employer’s Requirements:

 1.8 Number of copies of Contractor’s Documents

 1.9 Errors in ER:

 Possible extension of time

 Possible payment of costs, plus a reasonable profit

 1.13 Permissions being obtained by the Employer

 2.1 Phased possession of foundations, structures, plant or

means of access
 Key information related to FIDIC
Clauses
 4.1 Intended purposes for which the works are required:
 any works necessary to satisfy the ER, Contractor’s
Proposal and Schedules
 All works necessary for the stability or completion, or safe
and proper operation of the Works
 4.6 Other contractors on the site
 4.7 Setting out benchmarks, reference lines and levels,
surveying requirements
 4.14 Third parties
 4.18 Environmental constraints
 4.19 Utilities available on site
 Key information related to FIDIC
Clauses
 4.20 Employer’s equipment and free use material

 5.1 Criteria for design personnel

 5.2 Contractor’s Documents and whether for approval

 5.4 Technical standards and building regulations

 5.5 Operational training of the Employer’s personnel

 5.6 As-built drawings and other records of the Works

 6.6 Facilities for the personnel

 7.2 Samples
 Key information related to FIDIC
Clauses
 7.3 Testing during manufacture and/or construction

 9.1 Tests on completion

 9.4 Damages for failure to pass Tests on Completion

 12.1 Tests after Completion

 12.4 Damages for failure to pass Tests after Completion

 13.5 Provisional Sums

 Other requirements to be detailed: location of site, risk

management, confidentiality, publicity and publications,
forms of guarantees