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This project is co-financed by the European Union and the Republic of Turkey

Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal Kapasitenin Oluşturulmasına Yönelik Teknik Yardım Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey. This project is co-financed by the European Union and the Republic of Turkey.

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This project is co-financed by the European Union and the Republic of Turkey

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  1. Bölgesel Rekabet Edebilirlik Operasyonel Programı’nın Uygulanması için Kurumsal Kapasitenin Oluşturulmasına Yönelik Teknik Yardım Technical Assistance on Institutional Building for the Implementation of RCOP in Turkey This project is co-financed by the European Union and the Republic of Turkey Advanced Training PRAG Works5 – 7 April 2011 Advanced Training PRAG Works 5-7 April 2011

  2. This project is co-financed by the European Union and the Republic of Turkey Advanced Training PRAG Works 5-7 April 2011

  3. Agenda - 1 This project is co-financed by the European Union and the Republic of Turkey • Day # 1 • Introduction • Roles of Parties • FIDIC & PRAG Integration • Contract Types • Project Life Cycle for Tender & Contracting • Contents of a Works Tender Dossier • Where to find what • Expertise Necessary • 2 exercises/cases (morning + afternoon) Advanced Training PRAG Works 5-7 April 2011

  4. Agenda - 2 This project is co-financed by the European Union and the Republic of Turkey • Day # 2 • Lots (if any) • Procurement Notice & ITT • Selection Criteria • Volume 3, 4 & 5 of a TD • (with a focus on FIDIC implementations) • Documents forming a Works Contract • Annex to Tender • Volume 2 contents • 2 exercises/cases (morning + afternoon) Advanced Training PRAG Works 5-7 April 2011

  5. Agenda - 3 This project is co-financed by the European Union and the Republic of Turkey • Day # 3 • Tender Evaluation • Award Procedures • Exercise # 5 • Other Relevant Info • Suspension Clause • Additional Works • Variant Solutions • Modifying of works contracts • Rules of Origin • Supervision ToRs • Overall evaluation of the training Advanced Training PRAG Works 5-7 April 2011

  6. Agenda This project is co-financed by the European Union and the Republic of Turkey • Session # 1 • Day # 1 - Morning • Introductions • Roles of Parties • PRAG & FIDIC Integration • Contract Types • Project Life Cycle • Sequence of Events • Exercise # 1 on Planning Advanced Training PRAG Works 5-7 April 2011

  7. Introduction - 1 This project is co-financed by the European Union and the Republic of Turkey • Trainer: • Kerem Sadıklar • Civil Engineer & MBA • > 15 years of experience including EU & UNDP • kerem.sadiklar@grontmij.com.tr • Participants: • 25 of FCD + TID of RCOP – CIC • Knowledge & experience level? Advanced Training PRAG Works 5-7 April 2011

  8. Introduction - 2 This project is co-financed by the European Union and the Republic of Turkey • Training Objectives: • By the end of the course, the trainees should; • have a solid understanding of Contract Types • know contents of a tender dossier • know where to find what • be able to identify the external expertise they need • be able to identify selection criteria, be able to draft PN and ITT • Be able to attend an evaluation committee as an evaluator (votingmember) Advanced Training PRAG Works 5-7 April 2011

  9. Introduction - 3 This project is co-financed by the European Union and the Republic of Turkey • Training : • will be interactive; please be participative • will use exercises • will involve team work • will use internet (EC sites) Advanced Training PRAG Works 5-7 April 2011

  10. This project is co-financed by the European Union and the Republic of Turkey PRAG Works - 1 • Roles of Parties • Decentralised: Ex-Ante • EUD ( Ex-ante approval & Observor & Monitoring) • CFCU ( Contracting Authority & Employer & Final Beneficiary) • MoIT (Operational Structure) • End Recepients • Contractor(s) Advanced Training PRAG Works 5-7 April 2011

  11. This project is co-financed by the European Union and the Republic of Turkey PRAG Works - 2 • PRAG & FIDIC integration • PRAG; Practical Guide to Contract Procedures for EU ExternalActions • FIDIC; conditions of contract • FIDIC replaces/changes certain documents of PRAG, but • Mainly they complement each other. • It is important to understand what each stands for in practice… Advanced Training PRAG Works 5-7 April 2011

  12. This project is co-financed by the European Union and the Republic of Turkey Works Contracts • Work Contract Types by nature • Construction (Employer’s Design FIDIC RED BOOK) • Plant and Design – Build (FIDIC YELLOW BOOK) • Design Build Operate • (FIDIC YELLOW BOOK) • (FIDIC GOLD BOOK – still not finalized) • EPC (Engineer Procure Construct) /Turnkey Projects (FIDIC SILVER BOOK) Advanced Training PRAG Works 5-7 April 2011

  13. Contract Types - 1 This project is co-financed by the European Union and the Republic of Turkey Advanced Training PRAG Works 5-7 April 2011

  14. This project is co-financed by the European Union and the Republic of Turkey Contract Types - 2 • Single Tender • ≤ € 10.000 • PRAG 2.4.8 defines the procedures • Single tenderer is sufficient • Basic principles should be met (eligibility rules, capacity, exclusion criteria, etc.) Advanced Training PRAG Works 5-7 April 2011

  15. This project is co-financed by the European Union and the Republic of Turkey Contract Types - 3 • Competitive Negotiated Procedure • 3 contractors are invited (InvitationLetter + Tender Dossier) • 30 days for submission of proposals • Tenders are evaluated by a committee of 3 • 1 compliant tender is sufficient to award • After 2 successive failures CA may proceed with negotiated procedure • Subject to prior approval of the EC Advanced Training PRAG Works 5-7 April 2011

  16. This project is co-financed by the European Union and the Republic of Turkey Contract Types - 4 • Local Open Tenders • No forecast notice • Not published on the OJ of EC but on the OJ of the Beneficiary Country or equivalent media • PN must also be published on the Europeaid website • Give 15 days for translation • Equal opportunities for the eligible contractors located outside the Beneficiary Country Advanced Training PRAG Works 5-7 April 2011

  17. This project is co-financed by the European Union and the Republic of Turkey Contract Types - 5 • International Open Tenders • FN must be published on the Europeaid website • Give 15 days for translation • PN must be published in OJ of EC and on the OJ of the Beneficiary Country or equivalent media • PN must also be published on the Europeaid website • Give 15 days for translation Advanced Training PRAG Works 5-7 April 2011

  18. This project is co-financed by the European Union and the Republic of Turkey Sequence of Events - 1 • Time planning is crucial for successful tendering & contracting • Supervision and Work Tenders have to run in parallel; • Relevant contracts should be signed after securing the other, • Supervision contract should commence before the relevant works contract (ideally1 month) Advanced Training PRAG Works 5-7 April 2011

  19. This project is co-financed by the European Union and the Republic of Turkey Sequence of Events - 2 Advanced Training PRAG Works 5-7 April 2011

  20. This project is co-financed by the European Union and the Republic of Turkey Sequence of Events - 3 • Project Life Cycle (after contracting): • Access to site • Commence Order (90 days after contract signature) • Execution Period (depends on each project) • Defects Liability Period (12 months) • The project duration in an OIS and the duration of the relevant supervision contract should take these into account… Advanced Training PRAG Works 5-7 April 2011

  21. This project is co-financed by the European Union and the Republic of Turkey • Exercise # 1 • Please prepare a time schedule for the tendering and contracting of the works and supervision components of a construction project. • The schedule should include all the relevant milestones. • Please do a joint schedule for both types of the works contracts (local and international open tenders). Advanced Training PRAG Works 5-7 April 2011

  22. This project is co-financed by the European Union and the Republic of Turkey Agenda • Session # 2 • Day # 1 - Afternoon • Where to find what? • Contents of a Works Tender Dossier • Expertise Necessary vs. Project Type • Exercise # 2 (Contents of a Works TD) Advanced Training PRAG Works 5-7 April 2011

  23. This project is co-financed by the European Union and the Republic of Turkey EC Web Sites • An important thing to know; Where to find what? • Starting point for EuropeAid; • http://ec.europa.eu/europeaid/index_en.htm • PRAG documents; • http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm • All tenders; • https://webgate.ec.europa.eu/europeaid/online-services/index.cfm?do=publi.welcome • PRAG is a living document; please get accustomed to use these sites… Advanced Training PRAG Works 5-7 April 2011

  24. This project is co-financed by the European Union and the Republic of Turkey Contents of a TD - 1 • A works tender dossier consists of 5 Volumes • Volume 1 (ITT& forms) • Volume 2 (Contract & Samples) • Volume 3 (Technical Specifications) • Volume 4 (Financial Offer) • Volume 5 (Drawings) Advanced Training PRAG Works 5-7 April 2011

  25. This project is co-financed by the European Union and the Republic of Turkey Contents of a TD - 2 • Volume 1: • ITT (Instructions to Tenderers) • Tender Forms • Tender Guarantee Sample • Questionnaires • LIF & FIF • PoA • Financial Statements • Evaluation Grids • The tenderer’s proposal will be a part of the contract documents but Volume 1 and PN will not … Advanced Training PRAG Works 5-7 April 2011

  26. This project is co-financed by the European Union and the Republic of Turkey Contents of a TD - 3 • Volume 2: • Draft Contract • General (FIDIC Book Cover Page) & Particular Conditions • Security Samples (Pre-finance, Performance & Retention) • Annex I (Taxcustomsarrangements) Advanced Training PRAG Works 5-7 April 2011

  27. This project is co-financed by the European Union and the Republic of Turkey Contents of a TD - 4 • Volume 2: • FIDIC & PRAG; changes please be careful • Security Samples (Pre-finance, Performance & Retention) • Under FIDIC Performance Guarantee reads as; • « …. We note that the guarantee will be released in accordance with Article 4.2 of the Particular Conditions to the Contract [ and in any case at the latest on (at the expiry of 18 months after the implementation period of the Contract) ]. …» • Under EU General Conditions Performance Guarantee reads as; • « ..We note that the guarantee will be released in accordance with Article 15.8 of the General Conditions to the Contract [and in any case at the latest on (at the expiry of 18 months after the implementation period of the Contract)]..» Advanced Training PRAG Works 5-7 April 2011

  28. This project is co-financed by the European Union and the Republic of Turkey Contents of a TD - 5 • Volume 3: • Technical Specifications • Volume 4: • Model Financial Bid & Payment Preambles • Volume 5: • Design Documents & Drawings Advanced Training PRAG Works 5-7 April 2011

  29. This project is co-financed by the European Union and the Republic of Turkey Expertise Necessary - 1 • Various types of experts are necessary to prepare a full-fledged Works TDs • For infrastructure projects: Environment (water & waster water), • Transportation etc. • Design Engineers • Environmental Engineers • Quantity Surveyors • CAD Experts • Contract Experts • Tendering and PRAG experts • Usually executed under Design-Build (Yellow FIDIC) Contracts with the exception of water, waste water networks… Advanced Training PRAG Works 5-7 April 2011

  30. This project is co-financed by the European Union and the Republic of Turkey Expertise Necessary - 2 • Various types of experts are necessary to prepare a full-fledged Works TDs • For superstructure projects: Buildings, etc. • Architects • Design Engineers (Structural, Mechanical, Electrical) • Quantity Surveyors • CAD Experts • Contract Experts • Tendering and PRAG experts • Usually executed under Employer’s Design (RED FIDIC) Contracts Advanced Training PRAG Works 5-7 April 2011

  31. This project is co-financed by the European Union and the Republic of Turkey Expertise Necessary - 3 • Phases of Preparation of a Works Tender Dossier (RED FIDIC BOOK) - 1 • Meetings with End Users and Suppliers • Preparation of the Design Concept / Note • Alternative Conceptual Designs (2 to 3) • Presentation and discussion on conceptual designs • Revisions and approval of the conceptual design • Engineering calculations Advanced Training PRAG Works 5-7 April 2011

  32. This project is co-financed by the European Union and the Republic of Turkey Expertise Necessary - 4 • Phases of Preparation of a Works Tender Dossier (RED FIDIC BOOK) - 2 • Detailed Execution Designs (Volume 5) • Technical Specifications (Volume 3) • Bill of Quantities & Financial Proposal (Volume 4) • Volume 1 & 2 Advanced Training PRAG Works 5-7 April 2011

  33. Expertise Necessary - 5 This project is co-financed by the European Union and the Republic of Turkey • Please note that; • This is a team’s work • It is not simply a works tender dossier; • There is design of a building/facility from scratch • There are laws and regulations that have to be addressed • Design responsibility / indemnity insurance • It takes 5 months • Tender dossiers are prepared for unit price RED FIDIC contracts; necessary quality assurance tools have to be established… Advanced Training PRAG Works 5-7 April 2011

  34. This project is co-financed by the European Union and the Republic of Turkey • Exercise # 2 • Please use the below link to download all the contents of a works tender dossier. • http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm Advanced Training PRAG Works 5-7 April 2011

  35. This project is co-financed by the European Union and the Republic of Turkey Agenda • Session # 3 • Day # 2 - Morning • Lots • Instructions to Tenderers • Procurement Notice • Selection Criteria • Exercise # 3 (Procurement Notice) Advanced Training PRAG Works 5-7 April 2011

  36. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 1 • Lots • When and why do we need them? • Not for artificial splits to lower thresholds and shorten tendering periods • To secure contracting • To ease implementation (fewer contracts areeasier to manage) • To assign appropriate contractors • To have a sector focused approach • Supervision contract(s) should also be assessed accordingly Advanced Training PRAG Works 5-7 April 2011

  37. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 2 • ITT (Instructions to Tenderers) – 1 • Financing • Participation • Information to be supplied by the Tenderer • Site Inspection / Clarification meeting • Law • Content and presentation of tender • Tender prices – currency of tender and payment Advanced Training PRAG Works 5-7 April 2011

  38. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 3 • ITT (Instructions to Tenderers) – 2 • Period of validity of tenders • Tender Guarantee • Variant Solutions • Submission of Tenders • Opening and evaluation of tenders • Contract award – performance guarantee • Commencement of works • Appeals Advanced Training PRAG Works 5-7 April 2011

  39. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 4 • Tender Guarantee; 1% - 2% of the estimated budget • Selection Criteria • Financial; no more than last 3 years • Technical; no more than last 5 years Advanced Training PRAG Works 5-7 April 2011

  40. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 5 • Economic and Financial Standing (Financial Criteria) - 1 • «Annual Turnover (the amount of business done in a year, incomes generated from ongoing works and incomes generated from works undertaken as Joint Venture shall be considered as part of the turnover): • The average annual turnover in the last 3 (three) years XXXXX Euros» • For companies which were established within the last 3 (three) years but not less than 2 (two) years, only the average of the years since established will be taken into account which cannot be less than 2 (two) years…» Advanced Training PRAG Works 5-7 April 2011

  41. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 6 • Economic and Financial Standing (Financial Criteria) - 2 • Financial Resources « The Tenderer shall demonstrate, by a bank statement from his/her bank, that s/he has available or has access to liquid assets, lines of credit or other financial means sufficient to meet the construction cash flow for the contract of not less than; xxxxx Euro» • Financial Position «The Audited Financial Statements or loss and profit statements for the last 3 years shall be submitted and must demonstrate the soundness of the applicant’s financial position, showing long-term profitability. The tenderer should be in positive profit account at least 2 of the last 3 years Advanced Training PRAG Works 5-7 April 2011

  42. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 7 Technical and Professional Capacity - 1 Similar Works Experience: «The tenderer, tendering for each lot should have completed similar projects within the last five years (provisional acceptance certificate should have been issued within the last five years; i.e. XXX up to date of this tender) as defined below: Experience as prime contractor in the execution of: At least one building construction project (e.g.Xxxxx)» Advanced Training PRAG Works 5-7 April 2011

  43. PN & ITT - 8 This project is co-financed by the European Union and the Republic of Turkey • Technical and Professional Capacity - 2 • KeyPersonnel: • LigitationHistory Advanced Training PRAG Works 5-7 April 2011

  44. This project is co-financed by the European Union and the Republic of Turkey PN & ITT - 9 • Selection Criteria • In supplies & services: the criteria are applied to the consortium as a whole • In works: each member needs to fulfill a minimum percentage of the criteria • Proof documents have to be provided Advanced Training PRAG Works 5-7 April 2011

  45. PN & ITT - 10 This project is co-financed by the European Union and the Republic of Turkey • Selection Criteria • Please use reasonable and necessary criteria • The technical forms should be in line with the absolute necessities of the project • Try to avoid; • unfair competition • risking the award of the contract • Award Criteria • Price for works (satisfying the conditions) Advanced Training PRAG Works 5-7 April 2011

  46. This project is co-financed by the European Union and the Republic of Turkey • Exercise # 3 • Please use the below link to download and prepare a PN for a construction project. Please assume the following for the exercise; • An administrative building with an indoors are of 5,000 m2 will be constructed, • The construction period is 12 months, • The estimated construction budget is 6,500,000 Euros • http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm Advanced Training PRAG Works 5-7 April 2011

  47. This project is co-financed by the European Union and the Republic of Turkey Agenda • Session # 4 • Day # 2 - Afternoon • Volume 3, 4 and 5 of a Works TD • Documents forming a Contract • Exercise # 4 (Financial Offer and Contract Price) Advanced Training PRAG Works 5-7 April 2011

  48. Volume 3 - 1 This project is co-financed by the European Union and the Republic of Turkey • General Specifications • For each work item • (Civil/Structural, Architectural, Electrical, Mechanical) • Technical Specifications • Item Descriptions • Location forms • Standards and Codes Advanced Training PRAG Works 5-7 April 2011

  49. Volume 3 - 2 This project is co-financed by the European Union and the Republic of Turkey • In order to secure fair competition; • Local item codes should not be used, • A unique coding system should be established, • Proper English level should be reached in technical specifications, • Creating unfair advantage to certain tenderers should be avoided Advanced Training PRAG Works 5-7 April 2011

  50. This project is co-financed by the European Union and the Republic of Turkey Volume 4 – 1 • Volume 4, Financial Offer • Lump Sum • 4.2.1 – Introduction •  4.2.2 – Recapitulation •  4.2.3 - Breakdown of the Lump-sum Price •  4.2.4 – Daywork Schedule •  4.2.5 – Detailed Breakdown of Prices Advanced Training PRAG Works 5-7 April 2011

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