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Management of the Holyrood building project (PDF ... - Audit Scotland

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Exhibit 13<br />

<strong>Audit</strong> findings on <strong>the</strong> Flour City contract<br />

2.54 My audit <strong>of</strong> <strong>the</strong> Corporate<br />

Body’s accounts for 2001/02<br />

examined questions arising from <strong>the</strong><br />

use <strong>of</strong> letters <strong>of</strong> intent and interim<br />

contracts to allow works to start at<br />

<strong>the</strong> earliest possible date. I examined<br />

<strong>the</strong>se matters because <strong>of</strong> <strong>the</strong><br />

termination <strong>of</strong> one contract (Flour<br />

City) in October 2001 (Exhibit 13).<br />

O<strong>the</strong>rwise I consider <strong>the</strong><br />

effectiveness and propriety <strong>of</strong> <strong>the</strong><br />

various mitigation measures noted<br />

above in Part 5 <strong>of</strong> this report.<br />

2.55 The construction manager<br />

advocated o<strong>the</strong>r strategies to<br />

promote delivery <strong>of</strong> <strong>the</strong> <strong>project</strong> on<br />

time and cost. In particular <strong>the</strong><br />

construction manager requested a<br />

design freeze at critical points, <strong>the</strong><br />

earliest in July 2000 (for <strong>the</strong> critical<br />

east frame package only), to avoid<br />

disruption and slippage from<br />

revisiting <strong>of</strong> designs once approved<br />

by <strong>the</strong> client.<br />

2.56 These various mitigation<br />

approaches were introduced to<br />

support completion <strong>of</strong> <strong>the</strong><br />

programme by December 2002, in<br />

accordance with <strong>the</strong> construction<br />

manager’s revised and compressed<br />

programme 4 issued in January 2001.<br />

Part 2. Project overview<br />

• Because <strong>of</strong> <strong>the</strong> termination <strong>of</strong> <strong>the</strong> Corporate Body's contract with Flour City Architectural Metals (UK) Ltd (Flour<br />

City) in October 2001, <strong>Audit</strong> <strong>Scotland</strong> examined <strong>the</strong> contract as part <strong>of</strong> my audit <strong>of</strong> <strong>the</strong> Corporate Body's<br />

accounts for 2001/02.<br />

• In <strong>the</strong> Flour City contract I was concerned about <strong>the</strong> Corporate Body’s reliance on interim contracts and <strong>the</strong><br />

absence <strong>of</strong> a thorough financial assessment <strong>of</strong> Flour City at key stages. The audit questioned <strong>the</strong> effectiveness<br />

<strong>of</strong> <strong>the</strong> selection procedures in that case and highlighted that <strong>the</strong> full trade contract with Flour City was not<br />

secured until August 2001, almost eight months after post tender negotiations started and only two months<br />

before <strong>the</strong> Corporate Body terminated its contract in October 2001.<br />

• My audit showed that at that time similar risks – <strong>the</strong> use <strong>of</strong> interim contracts and delays in securing<br />

performance bonds and parent company guarantees – affected many o<strong>the</strong>r packages.<br />

• In September 2002 I informed <strong>the</strong> Accountable Officer <strong>of</strong> what I considered <strong>the</strong>n were <strong>the</strong> key concerns<br />

emerging from this work. He accepted that some interim contracts were allowed to continue long after trade<br />

contracts should have been finalised and that were significant delays in obtaining some performance bonds and<br />

parent company guarantees. Fortunately, except in <strong>the</strong> Flour City case, none <strong>of</strong> <strong>the</strong> risks implicit in this situation<br />

appeared to have crystallised. Following my audit <strong>the</strong> Accountable Officer took action to ensure that where<br />

necessary full contracts, bonds and guarantees were put in place and to prevent similar risks arising again.<br />

Source: The 2001/02 <strong>Audit</strong> Of The Scottish Parliamentary Corporate Body, <strong>Audit</strong>or General for <strong>Scotland</strong>, December 2002<br />

<strong>the</strong> successful tenderer from <strong>the</strong><br />

first stage was invited to provide<br />

a single tender for <strong>the</strong> remaining<br />

second stage work, once <strong>the</strong><br />

necessary design information had<br />

become available. This allowed an<br />

earlier start on <strong>the</strong> initial works<br />

than o<strong>the</strong>rwise would be possible.<br />

• Re-scoping selected packages,<br />

meaning that work planned to be<br />

tendered was awarded by<br />

negotiation with contractors<br />

already appointed and working on<br />

site, <strong>the</strong>reby saving time<br />

o<strong>the</strong>rwise required to complete<br />

<strong>the</strong> competition, appointment and<br />

contractor mobilisation processes.<br />

• Revising <strong>the</strong> order <strong>of</strong><br />

procurement <strong>of</strong> packages, to<br />

allow a small number <strong>of</strong> large<br />

critical packages to be progressed<br />

at <strong>the</strong> earliest possible dates. Resequencing<br />

and reducing <strong>the</strong> time<br />

allowed for some critical activities.<br />

• Increasing use <strong>of</strong> letters <strong>of</strong> intent<br />

and interim contracts to allow<br />

works to start at <strong>the</strong> earliest<br />

possible date, before a full<br />

contract and commercial terms<br />

have been agreed.<br />

27<br />

2.57 In May and June 2001<br />

respectively <strong>the</strong> Progress Group<br />

reported to <strong>the</strong> Corporate Body and<br />

<strong>the</strong> Corporate Body reported to <strong>the</strong><br />

Parliament on <strong>the</strong> overall progress <strong>of</strong><br />

<strong>the</strong> <strong>project</strong>. Nei<strong>the</strong>r <strong>of</strong>fered any<br />

commentary on <strong>the</strong> prospects for<br />

completion <strong>of</strong> <strong>the</strong> <strong>project</strong> against <strong>the</strong><br />

target <strong>of</strong> December 2002 o<strong>the</strong>r than<br />

it was on <strong>the</strong> advice <strong>of</strong> <strong>the</strong><br />

construction manager. However in<br />

August and September 2001 <strong>the</strong><br />

construction manager reported to<br />

<strong>project</strong> management that <strong>the</strong><br />

programme 4 target <strong>of</strong> completion by<br />

December 2002 could not be<br />

achieved.<br />

As construction intensified in 2001<br />

programme monitoring and<br />

coordination became more<br />

important<br />

2.58 By December 2001, although<br />

delays had affected almost every<br />

package, <strong>project</strong> management had<br />

on <strong>the</strong> advice <strong>of</strong> <strong>the</strong> cost consultant<br />

and <strong>the</strong> construction manager<br />

approved tenders for 33 works<br />

package contracts (out <strong>of</strong> <strong>the</strong> total <strong>of</strong><br />

some 60 construction works<br />

contracts for <strong>the</strong> <strong>project</strong>). This<br />

included tender recommendations

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