TA Contract Management 13-14 th July, 2011 Aslı Gülgör Burcu Arıkan Kara

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 TA Contract Management13-14th July, 2011Aslı GülgörBurcu Arıkan Kara This project is co-financed by the European Union and the Republic of Turkey

2. Selection of procurement method Tender decision Determination of the PQ criteria Preparation of the PQ documents Call for proposals Collection of proposals Preparation of the tender document Evaluation of PQ Selection of the eligible proposal Evaluation of the proposals Contract negotiations Contract Award Expiration of the Contract Post-implementation liabilities Dispute Management Implementation of the contract This project is co-financed by the European Union and the Republic of Turkey

3. There are strict rules governing the way in which contracts are awarded. Ensuring the suitably qualified contractors are chosen without bias and that the best value for money is obtained,with the full transparency appropriate to the use of EU and public funds.

4. General Procurement Rules THE LOWEST OFFER IS NOT ALWAYS THE BEST! THE FOLLOWING CRITERIA SHOULD BE TAKEN INTO ACCOUNT: TO OFFER THE BEST PRICE AND QUALITY,TO BE A WELL KNOWN BRAND, TO BE ABLE TO SUPPLY THE CURRENT NEEDS,TO PROVIDE SECURITY,AFTER-SALES SERVICE, SPARE PARTS, TO PROVIDE EQUAL CONDITIONS TO POSSIBLE SUPPLIERS FOR PROCUREMENT AND TO AVOID CONFLICT OF INTERESTS. WHO CAN PROVIDE SERVICE? ALL THE SERVICE PROVIDERS WHO WILL PARTICIPATE IN THE TENDER SHOULD MEET THE REQUIREMENTS STATED IN THE TENDER DOCUMENTATIONS AND COME FROM AN ELIGIBLE COUNTRY THIS RULE IS EXACTLY APPLICABLE FOR THE EXPERTS WITHIN THE SERVICE PROJECTS WHERE MUST THE EQUIPMENT AND MATERIALS BE PROVIDED FROM? ALL SUPPLIES AND MATERIALS PURCHASED UNDER A CONTRACT FINANCED UNDER A COMMUNITY INSTRUMENTMUST ORIGINATE FROM THE COMMUNITY OR FROM AN ELIGIBLE COUNTRY THE TENDERERS MUST PROVIDE DOCUMENTARY PROOFS

5. General Rules Governing theProcurement of Services,Supplies Works and Grant Schemes and Small Grant Contracts PRAG http://ec.europa.eu/europeaid/work/procedures/index_en.htm Practical Guide to Contract Procedures for EC External Actions

6. Practical Guide to Contract Procedures for EC External Actions Tender Procedures • Open Tender Procedure • Restricted Tender Procedure • Competitive Negotiated Procedure • Simplified Procedure • Single Tender

7. Competitive tendering process • Transparent selection process • Support for the project of the successful offer • Contract setting the details of actions that will be implemented These actions are, Service Procurement of consultancy, research, know-how and training Procurement of suppliesProcurement of equipment and materials Works Infrastructure and other engineering works

8. Tresholds PRAG

9. SERVICE CONTRACT THE CONTRACTS OF 200,000 € OR MORE • MUST BE CARRIED OUT ACCORDING TO INTERNATIONAL RESTRICTED TENDER PROCEDURES • THE TENDERING TERMS AND CONDITIONS MUST BE PUBLISHED ON THE RADIO, TELEVISION, THE WEB SITE OF THE CONTRATCING AUTHORITY, INTERNATIONAL AND LOCAL NEWSPAPERS 3 A SHORTLIST MUST BE ESTABISHED 4 THE NUMBER OF SHORTLISTED TENDERERS (USUALLY BETWEEN 4 TO 8) MUST BE PUBLISHED 5 THE EVALUATION OF PROPOSALS MUST BE UNDERTAKEN OBJECTIVELY AND INTEGRITY OF THE COMPETITIVE PROCESS MUST BE PRESERVED. 6 ONLY THE CANDIDATES MEETING THE TENDERING CRITERIA STATED ON THE ANNOUNCEMENT AND THE ONES WHO ARE INVITED CAN SENT THEIR OFFERS Contract Management Training

10. NEGOTIATION PROCEDURE EXCEPTIONAL CASES ONLY FOR THOSE SPECIFIED CONDITIONS BELOW ONLY ONE OFFER CAN BE ACCEPTED TO NEGOTIATE • WHERE, FOR REASONS OF EXTREME URGENCY BROUGHT ABOUT BY EVENTS WHICH THE CONTRACTINGAUTHORITIES COULD NOT HAVE FORESEEN • OPERATIONS CARRIED OUT IN CRISIS SITUATIONS • WHERE CONTRACTS EXTEND ACTIVITIES ALREADY UNDER WAY; • WHERE THE TENDER PROCEDURE HAS BEEN UNSUCCESSFUL, THAT IS WHERE NO QUALITATIVELY AND/ORFINANCIALLY WORTHWHILE TENDER HAS BEEN RECEIVED. • WHERE, FOR TECHNICAL REASONS, OR FOR REASONS CONNECTED WITH THE PROTECTION OF EXCLUSIVE RIGHTS, THECONTRACT CAN BE AWARDED ONLY TO A PARTICULAR SERVICE PROVIDER. • WHERE ONE ATTEMPT FOR THE USE OF THE COMPETITIVE NEGOTIATEDPROCEDURE/SIMPLIFIED PROCEDURE FOLLOWING THE UNSUCCESSFUL USE OF A FRAMEWORK CONTRACT HAS FAILED. • FOR CONTRACTS DECLARED TO BE SECRET, OR FOR CONTRACTS WHOSE PERFORMANCE MUST BE ACCOMPANIED BY SPECIAL SECURITY MEASURES OR WHEN THE PROTECTION OF THE ESSENTIAL INTERESTS OF THE EUROPEAN UNION OR THE BENEFICIARY COUNTRY SO REQUIRES. Contract Management Training

11. Contract Execution

12. Service Contract Outline • Contract Agreement and Special Conditions with annexes: • General Conditions for service contracts • Terms of Reference • Organisation and Methodology (To be submitted by the tenderer according to the template provided) • Key experts (including templates for the summary list of key experts and their CVs) • Budget [For fee-based contracts: breakdown] • Forms and other relevant documents

13. Contract Management Highlights

14. Basic Principals • Identification and management of risks • Effects of risk management to price Cost variation when risk is transferred to the contractor • Methods of avoiding claims • Identifying the hot spots • Acting against problems at the beginning of the project Problem solving techniques • Friction caused by claims • Resolution of claims with cooperation

15. Basic Principals • Amicable solution • Identification of claims in advance • Exaggerated claims ?? • Financing Plan • Budget Monitoring

16. Contract – Highlights Time Extension Additional Payment General Conditions Special Conditions Name of the Training

17. Contract – Highlights Delays Changed Circumstances Abandonment, Suspension or Termination Payment Outputs Conflict of Interest / Corruption and Fraud

18. Universal Law Systems • German Law (Favouring the Employer and the Supplier) • French Law (Favouring the Employee and the Buyer) • British Law (in balance)

19. Reasons for Claims • Misstatement • Without anybody's fault • Uncertainty of documents • Wilful misinterpretation • Legal negligence • Direct breach of contract

20. Ambiguous Contracts • General Ambiguity • Hierarchy of the contract documents • Fuzzy expressions • "Eligible" Contractor and Consultant

21. Claims for Price Adjustments • Claims due to delays • Verification of the critical path • Quantitative analysis • Agreement on the secondary costs • Claims due to time extension • Overheads • Claims concerning break-down of the activities

22. Changes Cardinal Change • Changes which highly affect the content of the work Constructive change • The instructions which are not defined clearly within the contract Formal change • Changes which do not affect the content of the contract significantly

23. Cost Increase • Client's Requests • Revisions • Increase of decrease in the content of the Services • Predefined variations and flexibilities • Effects of increasing, decreasing of the content of the Services and break down

24. Delays • An extraordinary event or circumstance beyond control of the parties preventing both or one of the parties from fulfilling their liabilities is considered as a Force Majeure (Events from God) • Delays caused by the Client shall be accepted not in the responsibility of the other party • The circumstances and events which can be controlled by the Contractor shall not be considered as eligible reasons for delay • There is no time extension for ineligible delays and legal penalties shall be applied

25. Questions and Discussions.