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IPA Programme Management Training 12-19 September 2011 asli.gulgor@ecorys.tr

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.

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IPA Programme Management Training 12-19 September 2011 asli.gulgor@ecorys.tr

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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 IPA Programme Management Training12-19 September 2011asli.gulgor@ecorys.com.tr

  2. Procurement of works IPA Funds Programme Management 12-19 sept. 2011

  3. Budget v/s Procedure • Single tender (< or equal to 10,000 Euro) • Competitive Negotiated procedure (>10,000Euro < 300,000 Euro) • Local open tender (> or equal to 300,000 Euro and < 5,000,000 Euro) • International open tender (> 5,000,000 Euro) IPA Funds Programme Management 12-19 sept. 2011

  4. Single Tender • Minimum of one company required •  Letter of invitation and tender dossier sent •  Evaluation to follow the procedure for open works tenders IPA Funds Programme Management 12-19 sept. 2011

  5. Competitive Negotiated Procedure • No procurement notice needs to be published • Minimum of three contractors to be consulted • Letter of invitation and tender dossier sent • A minimum of three technically compliant offers must be received • Evaluation to follow the procedure for open works tenders IPA Funds Programme Management 12-19 sept. 2011

  6. Local Open Procedure • Procurement forecast & notice published only in beneficiary country. • ECpublishes reference on the Internet with address from which interested companies can obtainfurther information • Tender dossiers either picked up at CA or sent to interestedtenderers • A fee can be charged to cover the cost of the preparation of the tender dossier • Often the tender dossier, particularly the Technical Specifications, will be prepared by an external expert • Clarification or site meetings may be foreseen • Variant solutions may be taken into account if permitted by the Contracting Authority, and are: • Submitted by tenderer with the least expensive compliant offer, and • They meet the required technical specifications • Bids formally evaluated (minimum of 3 voting members required) IPA Funds Programme Management 12-19 sept. 2011

  7. International Open procedure • Procurement forecast & notice to be published on the Internet, in the Official Journal of theEuropean Communities and in the media • Tender dossiers either picked up at CAor sent to interestedtenderers • A fee can be charged to cover the cost of the preparation of the tender dossier • Often the tender dossier, particularly the Technical Specifications, will beprepared by an external expert • Clarification or site meetings may be foreseen • Variant solutions may be taken into account if permitted by the Contracting Authority, andare: o    Submitted by tenderer with the least expensive compliant offer, and o    They meet the required technical specifications • Bids formally evaluated (minimum of 5 voting members required) • In exceptional and justified cases, and with the approval of the EC, a restricted tenderprocedure may be used. IPA Funds Programme Management 12-19 sept. 2011

  8. Negotiated Procedure • In certain circumstances, and with EC approval, a negotiated procedure may be used, notably:  Where there is an urgency incompatible with the appropriate tendering/contractingtimetable  For unforeseen additional works becoming necessary to be carried out byexistingcontractor  Where such works cannot be separated from main contract  Where such works can be separated but are absolutely necessary  Aggregate cost of contracts awarded for additional works cannot exceed 50% oforiginal contract  Where a tender has been unsuccessful IPA Funds Programme Management 12-19 sept. 2011

  9. Works Tender Dossier Volume 1 Section 1 : instructions to tenderers Section 2 : Tender Form and Appendix to the tender Section 3 : tender guaranteeform Section 4 : questionnaire Section 5 : Administrative Compliance Grid and Evaluation grid Volume 2 Section 1 : contract form Section 2 : general conditions for works contracts FIDIC Section 3 : particular conditions Section 4 : specimen performance guarantee Section 5 : specimen prefinancing payment guarantee Section 6 : specimen retention guarantee Section 7: tax and customs arrangements Volume 3 Technical specifications Volume 4 Financial Interpretative Note Financial offer lump sum contracts / financial offer unit price contracts Volume 5 Design documents, including drawings IPA Funds Programme Management 12-19 sept. 2011

  10. FIDIC Federation Internationale des Ingenieurs-Conseils IPA Funds Programme Management 12-19 sept. 2011

  11. What is FIDIC? • Federation of Consulting Engineers Council • Founded in 1913 (Based in Switzerland) • Mission is to promote Engineering Expertise and fair procurement • Extensive bookshop (cash on delivery) • Represents member organisations in 68 countries • Web site is http://www.fidic.org IPA Funds Programme Management 12-19 sept. 2011

  12. FIDIC Books Short Form Construction EPC Turnkey Plant and Design Build IPA Funds Programme Management 12-19 sept. 2011

  13. Which Book ? Is there any risk on design or process? no Is it a straightforward and simple project? no yes Are the market and the unprecedented risks high? Fixed price – turn key Restricted client contribution High market risks yes yes no no yes DETAILED EXAMINATION Correct according to Client`s requisitions and then create a modified contract IPA Funds Programme Management 12-19 sept. 2011

  14. FIDIC Red Book • The Client carries out all the engineering services and copes with the risks. • The Consultant is responsible for the management and supervision. • Checking and supervision of the design and Works, approval of those or rejection are Consultant's responsibilities • The Contractor is paid per production and based on unit prices, risk of cost overrun is the risk of the Client. • During the implementation of the Works detailed tests are performed. Usually tests are simpler during the Handover Period and Start-up. • Disputes are caused are due to unexpected extra Works and increase of Cost. • There is usually a cost overrun • Consultant works as a daily Arbitrator. IPA Funds Programme Management 12-19 sept. 2011

  15. FIDIC Yellow Book • The Contractor carries out all the detail engineering services. • The Contract deals not with "HOW TO DO" but with "WHAT TO DO" • The main document is the "Employers Requirements" and explains what performance and quality is expected. • The Contractor takes most of the risks including the overrun in quantity and cost. • The Client may hold the authority to approve the design. • Management and supervision of the contract is carried out by the Consultant. • Checking and supervision of the design and Works, approval of those or rejection are Consultant's responsibilities • The Contractor is paid on a calendar basis at on some milestones. • During the implementation of the Works simpler tests are performed. Usually tests are more complicated during the Handover Period and Start-up. • Disputes are caused are due to different interpretation of the "Employer's Requirements" • Consultant works as a daily Arbitrator. IPA Funds Programme Management 12-19 sept. 2011

  16. Fundamentals of Works Tender Dossiers • Conditions of Contract (CC) – part of the Tender Dossier, respectively of the future contract that are addressing specific issues, required for the contract implementation. • General C – are establishing a set of rules, generally valid in all EU financed contracts • Special C – are modifying, amending, supplementing the General C, for including in the contract the specificities of a certain country, or of a certain project. IPA Funds Programme Management 12-19 sept. 2011

  17. Order of precedence of Contract • Contract (Agreement) • Tender Form with its appendix • Particular Conditions of Contract • General Conditions of Contract • Technical Specifications • The design (drawings etc.) • BoQs after arithmethical corrections • Any other document forming part of the contract Addenda shall have the order of precedence of teh document they are modifying IPA Funds Programme Management 12-19 sept. 2011

  18. Particular Conditions of Contract • The Particular Conditions take priority over the General Conditions • Are the instrument for the Contracting Authority/ Beneficiary, for introducing the particular aspects of the local legislation, or of the project. • The General Conditions can be applied for any project, anywhere in the world, but will never be able to deal with the specific issues related to a specific project, nor to the legislation of a certain country IPA Funds Programme Management 12-19 sept. 2011

  19. Particular Conditions of Contract • The PC should provide all relevant conditions that relate to the projects and the laws of the contract, which add, complement, or amend the General C • In drafting the PC, one must pay particular attention to cross-reference with all other interconnected Clauses that may be affected. • Make sure you don’t create ambiguities with other Clauses, or provisions of other documents • Major exercise in cross referencing PC with: • GC • Technical Specifications • Schedule/ Annexes (e.g. delivery schedule) IPA Funds Programme Management 12-19 sept. 2011

  20. Particular Conditions of Contract • Examples should be only used after verifying they are suitable for your specific case and adapted accordingly • The guidance is to assist writers of the special conditions, by giving options for various sub-clauses where appropriate • It is recommendable that suitably-qualified engineers (technical staff) to prepare documents and a review by a suitably-qualified legal advisers • There is no specific Clause in the General C requiring additional data to be included in the PC, this is done only when and as much as necessary • Any modification of existing Clauses, or insertion of a new Clause, must be made for a clear reason and only in conjunction with the other Clauses • PC will only contain modified Clauses, without repeating the ones from GC that are not modified IPA Funds Programme Management 12-19 sept. 2011

  21. Main aspects to be addressed in PC • Applicable law and language • Contractor’s obligations • Performances/ Insurances • Timetable/ Schedules • Documents/ Drawings/ Specifications/ Manuals • Patents and licences • Variations of contracted quantities IPA Funds Programme Management 12-19 sept. 2011

  22. Main aspects to be addressed in PC • Quality levels • Inspection/ Testing at the delivery, Testing after installation • Acceptance • Payments methods/ schedules • Delivery – place, risks, related documents and procedures • Warranty/ After-sales services • Disputes resolution IPA Funds Programme Management 12-19 sept. 2011

  23. Bill of Quantities-BoQs The objectives of BoQs are; • to provide sufficient information on the quantities of Works to be performed toenable Bids to be prepared efficiently and accurately • when a Contract has been entered into, to provide a priced (BOQ) for use inthe periodic evaluation of Works executed. In order to attain these objectives, Works should be itemized in the (BOQ) in sufficientdetail to distinguish between the different classes of Works, or between Works of thesame nature carried out in different locations or in other circumstances which may giverise to different considerations of cost. Consistent with these requirements, the layout andcontent of the (BOQ) should be as simple and brief as possible. IPA Funds Programme Management 12-19 sept. 2011

  24. Bill of Quantities-BoQs The Bill of Quantities should be divided generally into the following sections: a. Preamble; b. Work Items (grouped into parts); c. Daywork Schedule; and d. Summary. IPA Funds Programme Management 12-19 sept. 2011

  25. BoQs Preamble The Preamble should indicate the inclusiveness of the unit prices, and should state the methods of measurementthat have been adopted in the preparation of the Bill of Quantities and that are to be used for themeasurement of any part of the Works. IPA Funds Programme Management 12-19 sept. 2011

  26. BoQs Work Items The items in the Bill of Quantities should be grouped into sections to distinguish between those parts ofthe Works that by nature, location, access, timing, or any other special characteristics may give rise todifferent methods of construction, phasing of the Works, or considerations of cost. General items commonto all parts of the Works may be grouped as a separate section in the Bill of Quantities. When a family ofPrice Adjustment Formulae are used, they should relate to appropriate sections in the Bill of Quantities. IPA Funds Programme Management 12-19 sept. 2011

  27. BoQs Work Items The Bill of Quantities usually contains the following part Bills, which have been grouped accordingto the nature or timing of the work: • Bill No. 1-General Items; • Bill No. 2-Earthworks; • Bill No. 3-Culverts and Bridges; • Bill No. 4-etc., as required; • Daywork Schedule; and • Summary Bill of Quantities. IPA Funds Programme Management 12-19 sept. 2011

  28. BoQs Daywork schedule Daywork Schedule should be included if the probability of unforeseen work, outside the items includedin the Bill of Quantities, is relatively high. To facilitate checking by the Employer of the realism of ratesquoted by the bidders, the Daywork Schedule should normally comprise: • list of the various classes of labor, materials, and Contractor’s Equipment for which basic Dayworkrates or prices are to be inserted by the bidder, together with a statement of the conditions under whichthe Contractor will be paid for work executed on a Daywork basis; • a percentage to be entered by the bidder against each basic Daywork Subtotal amount for labor, materials,and Plant representing the Contractor’s profit, overheads, supervision, and other charges. IPA Funds Programme Management 12-19 sept. 2011

  29. BoQs Summary The Summary should contain a tabulation of the separate parts of the Bill of Quantities carried forward,with provisional sums for Daywork, for physical (quantity) contingencies, and for price contingencies(upward price adjustment) where applicable. IPA Funds Programme Management 12-19 sept. 2011

  30. BoQs Provisional Sums A general provision for physical contingencies (quantity overruns) may be made byincluding a provisional sum in the Summary Bill of Quantities. The inclusion of suchprovisional sums often facilitates budgetary approval by avoiding the need to requestperiodic supplementary approvals as the future need arise. Where such provisional sumsor contingency allowances are used, the Particular Conditions of Contract should state themanner in which they will be used, and under whose authority (usually the Engineer’s but here is the CA) IPA Funds Programme Management 12-19 sept. 2011

  31. Sample BoQ Bill 1 IPA Funds Programme Management 12-19 sept. 2011

  32. Evaluation of Works Evaluations are held in phases: • Receipt and registration of tenders • Prepatory meeting • Tender Opening Session (Public Open) • Administrative Compliance • Technical Evaluation • Financial Evaluation • Conclusion IPA Funds Programme Management 12-19 sept. 2011

  33. Evaluation Committee • 5 members for contract < 5,000,000 Euro • 2 non-voting + 3 voting • 7 members for contract > 5,000,000 Euro • 2 non-voting + 5 voting • Reasonable command of English + technical & administrative capacity • Impartiality and confidentiality (conflict of interest) IPA Funds Programme Management 12-19 sept. 2011

  34. Admin Check • To check tenders are complete and tender guarantee is submitted • EU representatives should be informed (ex-ante) • Opening checklist should be filled • Chairperson has to check the conflict of interest of the Evaluation Committee • Tender opening checklist & report has to be completed Administrative Compliance Grid: • Documentation complete as required • Nationality of the Tenderer • Language Correct • Committee may request clarifications within reasonable time • Only compliant tenders go on to next phase IPA Funds Programme Management 12-19 sept. 2011

  35. Technical Evaluation • Done Lot by Lot (if applicable) Be careful about criteria for tenderers tendering for multiple Lots • Use the Evaluation Grid in the tender dossier • Rules of origin • Eligibility of sub-contractors • Required Capacity (economic, financial, professional and technical) • Only technically compliant offers go on to the next phase IPA Funds Programme Management 12-19 sept. 2011

  36. Financial Evaluation • Check arithmetical errors • Calculate discounts for multiple Lots • Contract is awarded to the lowest compliant offer; within the available budget • Evaluation of variant solution – only those submitted by the lowest compliant offer • Problem of abnormally low offers IPA Funds Programme Management 12-19 sept. 2011

  37. Conclution • Evaluation Committee recommends to: • Award the contract to the tenderer which • complies with administrative and technical requirements • is the lowest offer within the maximum budget available • Cancel the procedure IPA Funds Programme Management 12-19 sept. 2011

  38. Questions? IPA Funds Programme Management 12-19 sept. 2011

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