📜🏗️ Tendering Requirements Under FIDIC — Ultimate Guide to Contract Success
Understand what documents form the contract across Red, MDB, Yellow, Silver, and Gold Books; how precedence works (Sub‑Clause 1.5); and what typically goes into a compliant tender package.
Why these documents matter
The FIDIC contracts — Red (Employer‑designed works), Yellow (Plant & Design‑Build), Silver (EPC/Turnkey), Gold (Design‑Build‑Operate), plus the MDB Harmonised Edition — provide a shared language for tendering and contracting worldwide. Each Book defines, by clause, the documents that form the Contract and the order of precedence (Sub‑Clause 1.5). Getting titles, versions, and attachments right prevents ambiguity later during variations, claims, testing, or taking‑over.
Core references inside your article
The narrative below preserves your original clause references. Inline bracketed notes such as [Sub‑Clause 1.1.1.3 (R/M/Y); 1.1.48 (G)] are highlighted for clarity.
Original explainer (lightly edited for clarity & flow)
Overview. The FIDIC contracts, each designated by a specific color, serve as a cornerstone for defining the contractual relationship in construction and engineering projects worldwide. The Red Book, designed for construction and engineering works where the employer designs the project; the Yellow Book for plant and design‑build projects where the contractor is responsible for the design; the Silver Book for EPC/Turnkey Projects; and the Gold Book for Design, Build and Operate projects, each set forth a framework for various documents critical to the contractual process.
These documents include the Letter of Tender (e.g., 1.1.1.4 in Red/Yellow); the Appendix to Tender and Schedules (1.1.1.9 Red/Yellow; 1.1.1.7 Red); and the Specification and Employer’s Requirements (1.1.1.5 Red; 1.1.1.5 & 1.1.1.3 Yellow/Silver).
The Contractor’s Proposal and Bill of Quantities (BoQ) set scope and pricing (e.g., 1.1.1.7 Yellow; 1.1.1.10 Red). Daywork Schedule and Schedule of Guarantees (1.1.1.10 Yellow) govern unforeseen works and performance securities. Payment Schedules, Contract Data, and Payment Currencies clauses further anchor the financial mechanics (1.1.1.10 Yellow; 1.1.1.5 Silver; 1.1.1.9 Silver).
This clause‑anchored architecture makes the framework both comprehensive and adaptable. Correct titling and version control are critical to role clarity through the project lifecycle.
Documents forming the Contract — Interactive tables
| Document | Red Book | MDB | Yellow Book | Silver Book | Gold Book |
|---|---|---|---|---|---|
| Contract Agreement (if any) | Contract Agreement | Contract Agreement | Contract Agreement | Contract Agreement | Contract Agreement |
| Letter of Acceptance | Yes (incl. annexure/schedule) | Yes (incl. annexure/schedule) | Yes (incl. annexure/schedule) | Generally no (turnkey; Contract Agreement governs) — may annex schedules | Yes (incl. annexure/schedule) |
| Letter of Tender / Bid | Yes | Yes | Yes | Yes | Yes |
| Appendix to Tender / Contract Data Part A | Yes | Yes (Contract Data Part A) | Yes | Yes (as Contract Data within Particular Conditions) | Yes (Contract Data Part A) |
| Memoranda annexed to LoA or Contract Agreement | Yes | Yes | Yes | Yes (explicit in example Contract Agreement) | Yes |
| Conditions of Contract (General & Particular) | Yes | Yes | Yes | Yes | Yes |
| Specification | Yes (Technical Specifications) | Yes (Technical Specifications) | Yes (Technical Specifications) | No | No — replaced by OMR/Financial Memorandum |
| Design Drawings | Yes | Yes | No | No | No |
| Employer’s Requirements | No | No | Yes | Yes | Yes |
| Contractor’s Proposal | No | No | Yes | Included within Tender | Yes |
| Design Requirements & Criteria | No | No | Yes | Yes | Yes |
| FEED Design | Yes | Yes | Yes | No | Yes |
| Schedules | Yes | Yes | Yes | Included in Tender | Yes |
| Item | Red | MDB | Yellow | Silver | Gold |
|---|---|---|---|---|---|
| Bill of Quantities | Included | Included | Lump‑sum basis items | Not mentioned | Not mentioned |
| Schedule of Rates and/or Prices | Included | Included | Not mentioned | Not mentioned | Not included |
| Schedule of Payments | Item‑rate | Item‑rate | Included | Included | Included |
| Daywork Schedule | Included | Included | Included | Included | Included |
| Schedule of Guarantees | Not mentioned | Not mentioned | Included | Included* (see note) | Included |
| Performance Guarantees | Included | Included | Included | Included* (footnote 01) | Included |
| Asset Replacement Schedule | Not mentioned | Not mentioned | Not mentioned | Not mentioned | Included |
* In the Silver Book, performance guarantees functionally mirror a Schedule of Guarantees though not expressly titled as such (see Sub‑Clause 9.1 Y/S).
| Priority | Red | MDB | Yellow | Silver | Gold |
|---|---|---|---|---|---|
| 1st | Contract Agreement (if any) | Contract Agreement (if any) | Contract Agreement (if any) | Contract Agreement | Contract Agreement (if any) |
| 2nd | Letter of Acceptance | Letter of Acceptance | Letter of Acceptance | Particular Conditions | Letter of Acceptance |
| 3rd | Letter of Tender | Tender | Letter of Tender | General Conditions | Letter of Tender |
| 4th | Particular Conditions | Part A — Particular Conditions | Particular Conditions | Employer’s Requirements | Part A — Contract Data |
| 5th | General Conditions | Part B — Particular Conditions | General Conditions | Tender (and other docs) | Part B — Special Provisions |
| 6th | Specification | General Conditions | Employer’s Requirements | – | General Conditions |
| 7th | Drawings | Specification | Schedules | – | Employer’s Requirements |
| 8th | Schedules | Drawings | Contractor’s Proposal | – | Schedules |
| 9th | — | Schedules | Other documents | – | Contractor’s Proposal / others |
| Order | Red | MDB | Yellow | Silver | Gold |
|---|---|---|---|---|---|
| (a) | Contract Agreement | Contract Agreement | Contract Agreement | Contract Agreement | Contract Agreement (if any) |
| (b) | Letter of Acceptance | Letter of Acceptance | Letter of Acceptance | Letter of Acceptance | Letter of Acceptance |
| (c) | Contract negotiation & Letter of Tender with addenda | Same | Same | Same | Same |
| (d) | Particular Conditions | Particular Conditions Part A | Particular Conditions | Particular Conditions | Particular Conditions Part A — Contract Data |
| (e) | General Conditions | Particular Conditions Part B | General Conditions | General Conditions | Particular Conditions Part B — Special Provisions |
| (f) | Specification | General Conditions | Employer’s Requirements | Employer’s Requirements | General Conditions |
| (g) | Drawings | Specification | Schedules | — | Employer’s Requirements |
| (h) | Schedules | Drawings | Contractor’s Proposal | Tender (other docs) | Schedules |
| (i) | — | Schedules | Other documents | — | Contractor’s Proposal / others |
| Document Type | Red | MDB | Yellow | Silver | Gold |
|---|---|---|---|---|---|
| Invitation to Tender | Yes | Yes | Yes | Yes | Yes |
| Instructions to Tenderers | Yes | Yes | Yes | Yes | Yes |
| Letter of Tender | Yes | Yes | Yes | Yes | Yes |
| Appendix to Tender | Yes | Yes | Yes | No | No |
| Particular Conditions | Yes | Yes | Yes | Yes | Yes |
| Securities Form | Yes | Yes | Yes | Yes | Yes |
| Contract Agreement Form | Yes | Yes | Yes | Yes | Yes |
| General Conditions (by reference) | By Ref. | By Ref. | By Ref. | By Ref. | By Ref. |
| Specifications | Yes | Yes | No | No | No |
| FEED Design / Drawings | Yes / Yes | Yes / Yes | Yes / No | No | Yes / No |
| Schedules | Yes | Yes | Yes | No | Yes |
| Bill of Quantities | Yes | Yes | No | No | No |
| Employer’s Requirements | No | No | Yes | Yes | Yes |
| Additional Information / Qualification Qn. | Varies / If needed | Varies / If needed | Varies / If needed | Varies / If needed | Varies / If needed |
Reading note. In Yellow Book tenders, Specifications are replaced by Employer’s Requirements (a performance/functional brief). Your article correctly clarifies this often‑confused point.
Understanding the documents — plain‑language primers
Letter of Acceptance — the formal “you’re hired”
Confirms the Employer’s acceptance of the tender; typically forms a binding agreement on issue/receipt. Often annexes memoranda of negotiated items. [Sub‑Clause 1.1.1.3 (R/M/Y); 1.1.48 (G)]
Letter of Tender / Bid — contractor’s priced offer
Includes Appendix to Tender / Contract Data Part A (except in Silver, where Contract Data live inside Particular Conditions). Employer pre‑fills mandatory fields; tenderer completes the rest.
Employer’s Requirements vs Specifications
Yellow/Silver/Gold use Employer’s Requirements (performance/functional criteria). Red/MDB use Specifications and Design Drawings prepared by or for the Employer. Gold adds Operation Management Requirements and a Financial Memorandum for the operation phase.
Contractor’s Proposal — how the requirements will be met
Yellow/Gold include a structured proposal (preliminary design/development of any outline design). In Silver, the equivalent proposals are embedded within the Tender, even if not titled as “Contractor’s Proposal”.
Memoranda annexed to LoA/Contract Agreement
Jointly agreed notes capturing post‑tender negotiations — commercial or technical clarifications, and resolutions to inconsistencies. Silver’s sample Contract Agreement explicitly lists them among Contract documents.
Precedence (Sub‑Clause 1.5) — what wins when documents conflict?
Use the priority tables above. Practical rule of thumb: Contract Agreement âžś LoA âžś Tender/Contract Data âžś Particular Conditions âžś General Conditions âžś Spec/ER âžś Drawings âžś Schedules âžś Proposals/others. See our deep dive on document priority.
Practical checks before submission
- Version lock: Every attachment (Specs/ER, drawings, schedules) carries a version/date; index is referenced in LoA/Contract Agreement.
- Consistency sweep: Check that payment terms in Contract Data mirror Schedule of Payments and Particular Conditions.
- Risk clarity: If design responsibility shifts (e.g., early contractor involvement), update precedence notes and ER/Spec language.
- Negotiation trail: Convert Q&A/Addenda outcomes into a signed memorandum, then annex.
For variations and claims impacts after award, revisit Clause 13 (Variations) and Clause 20 (Claims).
Beginner‑friendly walkthrough (kept from your draft)
When a construction company wants to work on a big project, they prepare a tender package — a detailed job application tuned to the relevant FIDIC Book. Typical contents include the invitation, instructions, Letter of Tender, Appendix/Contract Data, Particular Conditions, securities and agreement forms, General Conditions (by reference), plus technical documents (Specifications/ER, FEED and Drawings where applicable), and Schedules (including BoQ on Red/MDB).
FEED design/drawings indicate a thorough preliminary design stage. Red/MDB usually include them; Yellow/Gold may be project‑specific; Silver typically pushes detailed design post‑award.