Marine Infrastructure Development

European Bank for Reconstruction and Development

Kiev, 3 February 2017

What is EBRD?

European Bank for Reconstruction and Development International financial organisation established in 1991 Capital base – EUR 30 billion Credit rating of AAA by Standard & Poor's, Moody's and Fitch

Shareholders of the Bank Two international organisations and 65 countries

Mission The Bank promotes transition to market economies in 36 countries from Central

Europe to Central Asia with an emphasis on working together with the private sector, we invest in projects, engage in policy dialogue and provide technical advice that fosters innovation and builds sustainable and open-market economies.

The Bank promotes policy dialogue with regards to investment climate, business

environment and policy matter.

EBRD Procurement Policies and

Concession Policies

DOCUMENT OF THE EUROPEAN BANK

FOR RECONSTRUCTION AND DEVELOPMENT

EBRD FINANCING

OF PRIVATE PARTIES

TO CONCESSIONS

Main principles

ECONOMIC use of resources

EFFICIENT project implementation

Project results shall be of due QUALITY

NON-DISCRIMINATORY process

TRANSPARENT AND RESPONSIBLE use of public funds

Bank’s approach in public procurement

Procurement – an integral part of project risk management

Minimisation of risks – Maximisation of success

Coverage of the entire project cycle

Procurement – part of project delivery strategy

Balanced risk distribution

Use of standard tender documents and

internationally recognised contract terms and conditions

Aim of evaluation – best value for money

Evaluation factors are usually expressed in monetary terms

The key to success – people

Assistance to the clients

Prevention and fighting corruption

The Client’s role

Implement projects in line with agreements

The clients are responsible for all

aspects of the procurement of

contracts.

They invite, receive and evaluate

tenders and awards contracts,

which in all cases are concluded

between the clients and the

suppliers/contractors/consultants.

The Bank’s role

• Advise clients

• Assist clients in the course of project implementation

• Ensure that the implementation is in line with agreements

• Review procurement actions

• Review complaints

• In private sector - undertake

due diligence and monitor

projects to ensure the best value

for money

Review of the dredging contracts

procurement practice in Ukraine

Overall observations

• Sufficiently complete set of documents reflecting the national public

procurement and building regulatory requirements and the business

customs of the sector

Areas, which may be enhanced

• Qualification of tenderers

• Clear and non-restrictive low cost tendering procedure

• Fair and balanced contract conditions

Qualification criteria

General Experience

Specific Experience

Personnel Capabilities

Equipment Availability

Financial Position

Non-performance and Litigation History

Current Obligations and Pending Awards

JVCA specific requirements

Subcontractors

Selection of contract terms and conditions

FIDIC Contracts

The International Federation of Consulting Engineers

(FIDIC) is an international standards organisation for the

construction industry

Fédération Internationale Des Ingénieurs-Conseils

Best known for the FIDIC family of contract templates.

It was established in 1913

The FIDIC founding member countries were Belgium, France

and Switzerland

More than 100 members

Dredgers Contracts

Contract

Employer

Contractor Engineer

Dredgers Contract

2nd Edition 2016

Blue-Green Book)

Roles and Responsibilities: the Employer

Owner of the site

The beneficiary of the Works

Responsible for defining the intended

purpose of the Works and

for setting out the Employer’s Requirements

Enters into a contract agreement with the Contractor

Appoints a Representative/Engineer to oversee the execution of the

Works

Has the right to amend the contract

Pay for the Works done

Jointly with the Contractor, appoints a Dispute Board

Takes over the Works, when completed

Roles and Responsibilities: the Contractor

Design, as necessary, execute and complete the Works and remedy any

defects

Undertake all other responsibilities

Manage staff and labour in accordance

Abide by the laws and bylaws, as well as the instructions of the Engineer

Complete all the Works within the Time for Completion

The importance of the Engineer

For this reason care must be taken when reviewing the TOR for the engineers.

They must be suitably experienced in similar works and FIDIC contract.

Role of Engineer crucial

The Engineer acts for the Employer in supervising the

activities by the Contractor

The Engineer issues all contractual notices to the

Contractor

The Engineer determines any variations

The Engineer issues the Interim Payment Certificates

Review the Contractor’s quality assurance syste

Review the Contractor’s work programme

FIDIC Blue-Green Book

• General Provisions

• The Employer

• The Engineer

• The Contractor

• Design

• Defined Risks

• Time for Completion

• Taking Over

• Remedying Defects

• Variations and Claims

• Contract Price and Payment

• Default

• Risk and Responsibility

• Insurance

• Resolution of Disputes

FIDIC CONDITIONS OF CONTRACT FOR DREDGING AND RECLAMATION WORKS

Participate to WIN

How to contact us

Procurement Policy Department

Tel: +44 20 7338 6807/Fax: +44 20 7338 7472

Procurement opportunities via website:

http://www.ebrd.com/work-with-us/procurement/project-procurement.html

Project enquiries (existing EBRD projects only)

Tel: +44 20 7338 6372/Fax: +44 20 7338 7848

Business Development and project proposals

Tel: +44 20 7338 6372/Fax: +44 20 7338 7848

General enquiries

Tel: +44 20 7338 6629/Fax: +44 20 7338 6101

Publications

Tel: +44 20 7338 7553/Fax: +44 20 7338 6102

Thank you very much!