The 2012 International Procurement Yearbook Section 1

CONTENTS
The 2012 International Procurement Yearbook
4TH ANNUAL EDITION
I N T E R N AT I O N A L I N C .
VI
VII
PREFACE
ABOUT THE FIRM
SAMPLE
GENERAL - GLOBAL CONSTRUCTION PROCUREMENT TOPICS
PURCHASE ORDERS & CONTRACTS
PURCHASING / PROCUREMENT AND CONTRACTING METHODS
VARIOUS EORMS OF CONSTRUCTION CONTRACTS
INVITATION TO BID / INSTRUCTIONS TO BIDDERS / BID PACKAGE DOCUMENTATION
CONTRACT ADMINISTRATION
ORGANIZATIONAL ISSUES / PRROCUREMENT ROLES AND RESPONSIBILITIES
QUALITY CONTROL (QC/QA), SAFETY, INSPECTION, EXPEDITING AND
TRANSPORTATION ACTIVITIES
INTERNATIONAL PROCURMENT ISSUES
SAMPLES OF INTERNATIONAL AND USA CONSTRUCTION / CONSULTING CONTRACTS
COUNTRY PROCUREMENT: DATA ON 125 COUNTRIES
GLOSSARY OF INTERNATIONAL PROCUREMENT TERMS
PROCUREMENT FORMS
01
Section 1
GLOBAL CONSTRUCTION PROCUREMENT TOPICS
Trends and issues we will see in 2012 and beyond
Procurement / Project Delivery Methods and Issues
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Section 2
PURCHASING / PROCUREMENT AND CONTRACTING
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The Buy Out / Procurement Procedure
Purchase Orders
Contracts
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CONTENTS | III.
II. | CONTENTS
45
Section 3
PURCHASING ACTIVITIES
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Section 4
QUALITY CONTROL (QC/QA), SAFETY, INSPECTION, EXPEDITING &
TRANSPORTATION ACTIVITIES
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Transportation Issues
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Section 5
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Section 6
INTERNATIONAL PROCURMENT ISSUES
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Overseas Business Practices
Import Permits / Government Procedures
Metric Considerations
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Copyright © 2012 Compass International, Inc.
Section 7
COUNTRY DATA & 2012 GENERAL NOTES
7
Albania
7
7
7
Armenia
Australia
Austria
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Bahrain
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Belarus
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Benin
Bhutan
Bolivia
Bosnia
Botswana
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Burundi
Cambodia
Cameroon
Canada
73
Chad
Chile
China
Colombia
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Costa Rica
Cote D’ Ivory
Croatia
Cuba
Cyprus
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Dominican Republic
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Gabon
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CONSTRUCTION CONTRACTS & CONTRACT ADMINISTRATION
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Instructions to bidders
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International Construction Contracts
Sample contracts
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91
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
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Copyright © 2012 Compass International, Inc.
CONTENTS | V.
IV. | CONTENTS
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
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183
184
185
186
187
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189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
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Germany
Ghana
Greece
Guatemala
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Guinea
Haiti
Honduras
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India
Indonesia
Iran
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Israel
Italy
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Laos
Lebanon
Libya
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Malawi
Malaysia
Mali
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Morocco
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Namibia
Nepal
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New Zealand
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Norway
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Panama
Peru
Philippines
Poland
Romania
Russia
Rwanda
Saudi Arabia
Copyright © 2012 Compass International, Inc.
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
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Spain
Sudan
Sweden
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Syria
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Taiwan
Thailand
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Tunisia
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Vietnam
Yemen
Zambia
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Section 8
GLOSSARY OF INERNATIONAL PROCUREMENT TERMS
AND PROCUREMENT RELATED FORMS
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Copyright © 2012 Compass International, Inc.
SECTION 1 | 03.
02. | SECTION 1
12% - 13% of the worlds GDP, making the engineer- Individuals in Asia, North and South America still
ing and construction sector one the largest employhave a strong appetite for BMW’s, Audi’s and Merers, employing as many as 200 million construction
cedes Benz vehicles, plus German capital machinery
professionals and construction workers.
appears to be in demand again. The Euro could be
In 2018 or 2019 China will motor past the USA
in danger in 2012 due to the huge debts of Spain and
to become the worlds # 1 construction market. West- Italy.
ern European countries such as Germany, France,
The following chart on the next page is a list of
Spain and the UK are anticipated to drop in ranking
the 15 largest construction markets and their particuas countries such as India, Brazil and Russia move
lar ranking in 2012, and how the rankings will look
up the rankings table.
in 2016. The USA is by far the largest construction
China continues to make large advances in basic market representing approximately 17% - 18% of
infrastructure expansions (major highways, secondthe world construction output, however China and
ary roads, airports, power stations, electrical grid
India are catching up rapidly, China is forecast to
etc); with China’s huge transient
have 15% - 16% of the global
low cost labor pool estimated to be
construction market in 2016,
over 100 million - this will give rise
up from its current 12.5% share
to China’s installation costs being
today.
extremely low in comparison to
Other countries expected to
North America or Western Euro
pean practices. Consider the 2008
Olympic Games held in China, it
clude, Nigeria, Indonesia, Turwas extremely well managed and
key, Poland, Saudi Arabia, South
the facilities were as good as any you could see in
Africa, Vietnam, Thailand, Angola and Cambodia.
Berlin, Lisbon or Chicago. This expansion has had
The US housing market is expected to build
1,000,000 new homes in 2012, up 20%- 25% over
sustained economic growth in the last three years.
2011 levels, however the US housing and commerChina’s construction expenditures are forecast to
cial construction market will still be in the doldrums
pass through the $2 trillion mark in 2016.
in 2012.
In the next ten years India has plans to invest
US construction wages are forecast to grow by
between $200 - $400 billion on essential infrastruc2% to 3% in 2011.
ture development (ports, bridges, highways, airThe current global construction market is in the
ports, power stations / hydro power facilities and its
$8 trillion range, fast-forward to 2016 and this is
electrical grid, etc); anyone familiar with the Indian
forecast to be approaching $9 trillion, an increase of
highway system will know that the current dilapidat- !"&'!*&+
ed highway system is a huge impediment to India’s
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With its’ vast oil and gas reserves, Nigeria will
back they were not even in the top twenty.
be a country with lots of industrial related construcAs we transition into 2012 the worldwide ention opportunities in the next ten years, numerous
gineering and construction sector is slowly getting
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will be engineered, procured and constructed.
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The Euro appears to be gaining strength again,
and 2008. Experts forecast reasonably strong worldbuoyed by strong economic growth in Germany.
wide engineering and construction growth for the
15 Largest Construction Markets
2012 RANKINGS & PROJECTED RANKINGS IN 2016
COUNTRY
2012 RANKING
COUNTRY 2016
RANKING
USA
China
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ing and construction growth will be driven in the
main part by Brazil, Russia, India and China the
newly up-and-coming (BRIC) countries.
Engineering and construction related organizations around the world are endeavoring to take advantage of internet commerce; this encompasses the
request for proposal(s), procurement of goods and
services, estimating, bidding, engineering documentation and deliverables distribution, project status
reporting and data collection.
Contractual arrangements seem to be slowly
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arrangements to more of a risk sharing contractual
arrangement, one in which the contractor can share
perhaps 20% - 30% of any savings realized on Guaranteed Maximum Price type contract.
Commercial construction costs in Saudi Arabia,
Qatar, Kuwait, UAE and Dubai have tumbled by
more than 25%- 35% percent from their peak 2006 /
2007, commercial type construction work is expect
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tion work has bounced back to their peak 2006 /
2007 levels and is expected to increase in 2012 by
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3.5% - 4.5% over 2011 levels.
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Events on Engineering and Construction Costs in the
last couple of Decades:
Numerous events / happenings that occurred
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of some construction materials and equipment (the
material that spring to mind are lumber, plywood,
steel products, copper products, glass products and
asphalt materials to name but a few). Some of these
major events include:
Natural disasters in the U.S., such as the Gulf
oil spill and the $7 billion (and counting) in damages
it caused, Hurricane Ike, Katrina, Rita, Wilma and
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the Midwest and in the Western states.
The global economic downturn of the recent
two or three years has impacted material costs, some
construction related materials have fallen by as
much as 10% - 25% in the last year, it would appear that as of 1/2012 that the worst of the recent
global economic downturn / recession is over, and
USA GDP growth in the fourth quarter of 2011 was
forecast to be 2.5%.
Copyright © 2012 Compass International, Inc.
SECTION 5 | 79.
78. | SECTION 5
Name and address of Construction Manager
An in-depth description of the scope of work to
be performed
Bid form listing the bid price
Bid form requesting unit prices and labor rates
/ mark-ups for additional work
The closing date, time, and location when bid
is to be submitted
A standard pre-printed form requesting the bidder to signify, within 48 hours of receipt of invitation to bid, of whether a valid / compliant bid will be
offered
A statement as to the validity of the bid (30, 60
or 90 days)
A list of key project related milestone dates
(e.g., start of construction, substantial completion
date, completion of construction and handover date)
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Security procedures related to bids (i.e. plain
sealed envelope with printed reference #)
List of contract drawings, together with revision number
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revision number
A sample of the contract that will be used to
execute the work, complete with any site procedures
/ safety requirements, drug testing and general terms
and conditions; relevant assigned owner furnished
project purchase order or current subcontract documents and orders
A listing of insurance requirements
Owner site coordination procedures
Data submittal / shop drawing requirements
QA/QC obligations
Shipping requirements
Start-up requirements
Warranty requirements
Out of the ordinary conditions and site factors
such as hot work permits, safety hats and shoes
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need for a full time safety manager
A contact name for commercial questions
A contact name for technical questions
Copyright © 2012 Compass International, Inc.
On closed bids and negotiated bids, the Instructions to Bidders should include a statement denoting
that the owner has the right to accept or reject any,
or all bids received. This statement should also imply that the owner has the right to award the work to
the contractor (bidder) who will satisfactorily meet
the goals and requirements of the project.
contract formats (some of these can be downloaded
large number of industrial and process-type confor immediate application and use). These construc- struction projects (petro-chemical, steel mills, manution contract formats are widely known and used
facturing facilities, power plants, food and beverage
in the construction industry; it seems that they are
facilities) are performed under the terms and condi
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tions of a contract established by the client (usually
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a Fortune 500-type corporation), or in some situanumber of commercial construction contracts in the
tions, by an overseas government agency. Usually
U.S. are executed under the terms and conditions of
these types of contract tend to favor the client, which
the American Institute of Architects’ standardized
is not surprising since they developed the contract
form of contract. The AIA form of contract is well
language. Reviewing overseas contracts is very
known in the U.S. construction community. It is an
important to the organization considering performestablished way of executing a construction project,
ing work in a foreign country. Local lawyers knowland has, over the years, stood the test of time.
edgeable in local and international contracts should
In the United Kingdom, commercial construcbe retained. There are literally hundreds of Forms
of Contract (Terms and Conditions) used around the
under the terms and conditions of
world on construction projects.
the Joint Contracts Tribunal (JCT)
The owner may have their own
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form of agreement; civil engiconstruction contract, or they
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may choose some of the follow%
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Form of Contract. These Forms of
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BID EVALUATION / REVIEW, ANALYSIS
AND RECOMMENDATION:
Without delay after the bid opening procedure, the
purchasing department should determine which bids
are the most commercially and technically appealing proposals, this might be the lowest two or three
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received).
An evaluation form should be completed; this
form should identify and rank the two or three lowest / compliant bidders.
Exception and missing scope items should be
documented
Exclusions to the proposal should be listed.
Comments / Negotiations should commence
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the lowest and compliant bid will be awarded the
project.
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INTERNATIONAL CONSTRUCTION CONTRACTS
There are various construction / engineering industry professional societies and trade groups in the
USA and Canada. Some of the more noteworthy
or widely used or standardized construction related
construction contracts are those produced by these
construction / engineering industry professional
societies. Some of these commonly used formats
are the ones created by the American Institute of
Architects (AIA), the Engineers Joint Contract
Documents Committee (EJCDC), the Associated
General Contractors of America (AGC) and the
Design-Build Institute of America (DBIA). These
organizations, over the years, have produced and
developed an assortment of pre-printed construction
Civil Engineering National Society
and the Institute of Civil Engineers (ICE). These contract formats are known and
understood by the U.K. construction community.
Many standard contract forms are used throughout
the world. Usually these contract forms are based
on the recommendations, practices, and methods
favored by each country’s design/engineering community. These forms, in many ways, are similar to
the standard forms of contract established by the
U.S. and the U.K. When working in certain developing countries, these forms of contract many times
do not exist. The organization performing work in
these countries may need to establish a form of contract that is acceptable to both contracting parties.
On some occasions, the FIDIC form of contract is
utilized. The estimator will need to review the form
of contract being utilized, since they often have cost
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terms, and requirements of providing as-built drawings, translation costs, payment terms, bonus/penalty
clauses, retainage values, and warranty periods. A
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Contract spell out the various duties, rights and obligations of the
parties to the contract. A more detailed discussion
on this topic will be found in subsequent sections of
this publication. Most developed countries around
the world have similar type associations and trade
groups that, by and large, produce somewhat similar
construction contracts that apply to their particular
country. The following is a partial list of contracts
that are used around the world. There are lots of different forms of contract that have different terms and
conditions, these terms and condition have procurement and, of course, cost consequences associated
with them.
Federal Acquisition Regulations (FAR) US
Government Contracts
The 2007 RIBA (UK) suite of agreements
Royal Institute of Charted Surveyors (RICS)
UK
National Joint Consultative Committee for
Building (NJCC) UK
The new engineering contract (NEC-2 & 3) UK
Copyright © 2012 Compass International, Inc.
SECTION 6 | 97.
96. | SECTION 6
in an overseas country, the questions are, of course,
their price was $50 million; this included towing the
focused on procurement / contractual issues, this is
dry dock half way around the world. – So this is why
not an all encompassing list, and the reader should
we go to international vendors, they offer decent
add questions to this list if necessary. Responses
quality, and many times aggressive pricing, this
can typically be obtained from the targeted or host
competitive pricing, in turn, is affording the Project
country’s U.S., German, Spanish, etc, embassy.
Manager / Purchasing Agent / Site Managers comProject procurement efforts will be enhanced by this pany to be competitive – one hand washes the other.
early front effort planning / research effort.
Every business / Construction related organization
See next page for list of questions.
moving into the international construction – procureIf time permits, a more detailed list of procurement arena should create basic guiding principles
ment related questions should be developed, during
and procurement procedures to direct the Project
a country survey / intelligence gathering trip. This
Manager / Purchasing Agent / Site Managers in his
information will greatly assist the procurement plan- or her future global procurement efforts. Items to be
covered / considered include activities such as frontning effort. The data can, many times, be helpful to
end planning, contract language,
other parties that may be working
purchase order language, required
on the same project, i.e. consultants
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documentation, procurement,
or JV partners.
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contract administration, payment
terms, subcontracting, quality
MAIN ISSUES TO CONSIDER
*&%"assurance/control, expediting,
(1). Overseas Business Prac+ inspection, and transportation.
tices (are different from U.S.
These individuals must be cogpractices): Business practices, cul- ,
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nizant and scrutinize the local
ture, ethics, work habits, religious
customs and the unique ways of
beliefs, eating and drinking habits,
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dress codes, construction methods and operating
region.
procedures can and do differ, sometimes dramati(3). International Contracts: A high percentcally, from one country to the next. Engineering,
age of construction contracts in the U.S. are carried
Procurement and Construction professionals working in a foreign country should endeavor to research out under the terms and conditions of the American
and understand these practices since they can have a Institute of Architects’ standardized form of contract.
The AIA form of contract is well known in the U.S.
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(2). International Purchasing: Has anyone ever construction community. It is a well-known way of
executing a construction project and has, over the
told you the world is getting smaller and smaller?
years, stood the test of time. In the United KingThe borders and economies are blurred today, the
dom, commercial construction of schools, hotels,
internet, faxes, cheaper telephone costs, CNN; all
these factors have contributed to this situation. The
terms and conditions of the Joint Contracts Tribunal
Project Manager / Purchasing Agent / Site Managers are moving to international vendors, why? - As a (JCT) form of agreement; civil engineering projects
(e.g., highways, jetties, bridges, etc.) use a form of
side note – the writer was involved with purchasing
contract, established by the U.K.’s Civil EngineerZ
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understood by the U.K. construction community.
million, we got two bids from Chinese shipyards –
Procurement / Contractual Checklist
OVERSEAS COUNTRY
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Copyright © 2012 Compass International, Inc.
SECTION 7 | 109.
108. | SECTION 7
ARGENTINA
Argentina is abounding in resources (minerals, timber, farm products / crops and beef); it has a skilled
labor force and is one of South America’s principal
countries / economies. Argentina borders four countries, Chile, Bolivia, Paraguay and Uruguay.
DATA TABLE
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ARMENIA
Armenia is a landlocked country with Turkey to the
west and Georgia to the north and Azerbaijan to the
east. Armenia has high mountains and sweeping
plain. It has a skilled and productive labor force.
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SECTION 7 | 185.
184. | SECTION 7
MEXICO
Located south of the USA and north of Guatemala
and Belize. With the advent of NAFTA a free trade
pack with Canada and the USA, trade has just about
quadrupled since 1994, the year NAFTA was implemented. Mexico does have a young hardworking
workforce. Mexico has a serious drugs problem that
has resulted in 100’s of police / army and drug traf=<=
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MONGOLIA
Mongolia is a large landlocked country in Eastern
/ Central Asia. It shares borders with Russia to the
north and China to the south, east and west.
DATA TABLE
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Copyright © 2012 Compass International, Inc.
SECTION 8 | 233.
232. | SECTION 8
Agreement: A consensus by two or more
individuals or organizations. As it relates to construction, the term is synonymous with contract. An
example of this is the agreement between owner and
contractor when executing a construction project.
Air bill: A shipping list or manifest record or
document used by airlines for air freight; contains
shipping instruction to the airline.
Air cargo: A term used to describe goods or
articles carried by air.
Air freight: To transport or carry goods by air
transport.
Airway bill: Document used for shipment and
transport of air freight by carriers; lists materials and
equipment shipped, along with instructions costs,
+
AOQ: Average outgoing quantity
Approve: To accept, concur, and endorse as
satisfactory; implies that the object is approved.
AQ: Any quantity
AQL: Acceptable quality level
Arbitration: The process by which parties
agree to refer their disputes and claims to the resolution of a third, impartial and unbiased party (referred
to as the arbitrator), rather than pursuing their disputes and demands in a court of law.
Arrival date: The date materials and equipment are scheduled to arrive at the construction site.
Arrival notice: Notice or document that a
transporter sends to the purchaser when a shipment
+
Artisan’s lien: The lien of a mechanic or
other skilled worker in connection with some-thing
on which he or she has applied labor or materials,
giving him or her right to maintain possession of it,
<
+
ASQC: American Society for Quality Control
As built drawings: Record drawings made
during the construction process. As built drawings
depict the locations, sizes, and nature of concealed
items such as structural elements, devices, pipes,
valves, and mechanical equipment: These drawings
form a permanent record of the as-built condition of
Copyright © 2012 Compass International, Inc.
the building or facility.
As is: Announces that the materials and equipment offered for sale are without warranty or any
future guarantee.
Assigned car: A rail freight car that has been
+
Assignment: The transfer or the change of
rights or title to another party.
ATC: Average total cost
Award: The method used for selecting and or
awarding a purchase order or contract.
Attachment: A supplementary device designed
<
piece of equipment.
Average cost: Cumulative average cost method of pricing stock.
Back order: The part of an order that currently
cannot be delivered at the planned date, but will be
delivered at a later date.
Banker’s acceptance draft: A document or
=
possible the payment of cash to an exporter of the
goods.
Bar code: used to aid / expedite timely input of
purchasing data.
Bargain: Agreement on the terms and conditions of an acquisition; also purchase of items at a
price favorable to the buyer.
Barter: The procedure of exchanging one kind
of item for another, as opposed to trading by money.
Batch: A quantity of goods that is made in one
manufacturing operation.
Best Value: The consequence / result needed
in the procurement / acquisition of stipulated goods
and services.
Bid: A proposal to perform work or supply
goods or service that have described verbally or in
writing in bidding documents; bid is an offer to per
+
Bidding documents: Documents that typically
include the advertisement or invitation to bidders, instructions to bidders, bid form, form and conditions
<
completely describe the work for which bidders can
prepare proposals for the owner’s review and consideration an subsequent award.
Bid opening: A formal meeting conducted at
<
opened, reviewed, tabulated, announced, and made
available for public inspection.
Bill: An invoice the freight carrier users to
indicate to consignee or consignor the shipment
description, weight, freight charges, taxes and other
+|
money due for services performed.
Bill of exchange: A formal written document
used to settle and pay an outstanding obligation or
debt.
Bill of lading: A transport company’s contract
and receipt for materials and equipment which it
agrees to transport from one location to another and
to remit to a designated individual.
Bill of materials: A list of all materials required on the construction project, consisting of all
items indicated on drawings and described in the
+
Bill weights: The weight of an item shown on
a freight bill.
Binder: A temporary but binding commitment
by an insurance company to furnish current furniture
insurance coverage.
B & O Tax: Business and occupation tax(s).
Boiler plate: A term used to describe the
standard terms and conditions contained with a purchased order or the clause described in a contract.
Bonded warehouse: A warehouse under the
control of the U.S. Treasury Department for observance and conformance of revenue and excise laws.
Bonded performance: A bond used in connection with a contract; ensures the performance
and completion of the scope, terms, and conditions
contained within the contract.
Bonds: A formal document(s) given by an
insurance company as surety in the name of a prin
<
<
+
SAMPLE
SAMPLE
SAMPLE
In construction, the main types of bonds are the bid
bond, performance bonds, and payment bond.
Book value: Present investment value on
<=
value less depreciation; the asset value of a building,
facility, or item of equipment for accounting purposes; also, the value of outstanding shares of stock
+
Breach of contract: The failure to perform or
discharge any of the obligations that are stated in the
terms and conditions of a contract.
Bulk materials: Materials bought in lots; purchased from a generic description
or standard
catalog description, and bought in medium to large
quantities for issue as required. Examples are concrete, conduit, rebar, cable, pipe, timber and stone.
Bulletin: A document used to request pricing
contract is issued. If pricing is acceptable, a change
order incorporates the requirements of the bulletin
into the contract.
Burden: The cost of operating a home, branch,
+|
<
tract payments. In manufacturing operations, burden
typically means operating over-head costs.
Cancellation order: Annulment or the termination of an order.
A written statement signed and approved by an authorized
individual stating that the materials conform to the
+
A document, issued by
the appropriate authority, in an exporting country
}
materials, or labor used in the manufacture of the
<
+
C. & F.: (Cost and Freight); same as C.I.F.,
except marine insurance is not included in the selling price.
Change order: A written directive issued after
execution of the construction contract that authorizes
=
Copyright © 2012 Compass International, Inc.