Specificul Pietei de Achizitii Publice

7/30/2019 Specificul Pietei de Achizitii Publice

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PUBLIC PROCUREMENT

MARKET

ITS SPECIFICITY


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..

IT IS PUBLIC NEEDS (SERVICES,SUPPLY,WORKS)FINANCED BY PUBLIC MONEY

PUBLIC PROCUREMENTS REPRESENT 16% OF EU GDP

CONTRARY TO CONSUMER MARKET AND INDUSTRIALMARKET

- P.P MARKET HAS A MAJOR CHARACTERISTIC:THEREGULATION OF THE PROCUREMENT PROCESS BYLOCAL REGIONAL NATIONAL OR INTERNATIONALAUTHORITIES

-NON DISCRIMINATION AND OPEN COMPETITION AREPRIME OBJECTIVES

THESE OBJECTIVES MAY REDUCE OPPORTUNITIES FORSUPPLIERS TO DEVELOP LONG TERM CONTRACTUALRELATIONSHIP WITH PUBLIC AUTHORITIES


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.......

PROCUREMENT POLICY IS NOT ONLY

ABOUT IMPOSING CONSTRAINTS ON

AWARDING AUTHORITIES.

IT IS ALSO ABOUT PROVIDING THENECESSARY INCENTIVES FOR TO

ACTIVELY PURSUE CONTRACT

OPPORTUNITIES.


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.

DRIVING FORCE BEHIND PUBLICPROCUREMENT:

THE NEED FOR GOVERNMENTS TO MAINTAINAND DEVELOP THE TYPE OF SOCIETY

DEMANDED BY CITIZENS. PRIME MOTIVE IS SERVICE TO CITIZEN

TWO SETS OF RULES HAVE TO BE FOLLOWED:

-RULES OF THE TREATY(for all type ofcontract)

-RULES OF THE PROCUREMENTDIRECTIVES(in the case of contracts of a certainamount)


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BASIC PRINCIPLES AND

OBJECTIVES OF P.P.

OBTAIN BEST VALUE FOR MONEY

FAIR COMPETITION,NON

DISCRIMINATION

SOUND FINANCIAL

MANAGEMENT(economy,efficiency and

effectiveness)

ACCOUNTABILITY (record keeping)


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WHY A E.U. LEGISLATION FOR

PUBLIC PROCUREMENT ?

TO CREATE A SINGLE MARKET FOR P.P. SO THAT

EUROPEANS COMPANIES MAY HAVE ACCESS TO

CONTRACTS WITHOUT DISCRIMINATION

IN ACCORDANCE WITH THE TREATY WHICH AIMS

AT INSTALLING:

* FREE MOVEMENT OF GOODS

* FREE MOVEMENT OF SERVICES

INCREASING THEREFORE COMPETITIVENESSTHROUGH BETTER FUNCTIONING OF THE MARKET

AND OBTAINING BEST VALUE FOR MONEY


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.......

TO HAVE FAIR , TRANSPARENT AND

PREDICTABLE PROCEDURES

EQUAL ACCESS TO

OPPORTUNITIES,EQUAL TREATMENTAND NON DISCRIMINATION FOR AA EU

SUPPLIERS


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.

TO THAT END THE COMMUNITY HAS DECIDED TOCOORDINATE THE PROCUREMENT PROCEDURESFOLLOWED IN DIFFERENT COUNTRIES.

E.U. LEGISLATION OFFERS A WIN-WIN SITUATION TO BOTHCONTRACTING AUTHORITIES AND CONTRACTORS

* INCREASED COMPETITION OFFERS THE POSSIBILITY TOC.A. TO HAVE BETTER VALUE FOR MONEY* OPENING OF MARKETS OFFERS CHANCES TOCOMPETITIVE CONTRACTORS TO WIN

-EITHER CROSS BORDER CONTRACTS

-OR HOME MARKET CONTRACTS THROUGHCONSORTIA, JOINT VENTURE, SUBCONTRACTING ORPARTNERSHIP


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.

P.P. WHICH ARE EXEMPT FROM THESE RULES(i.e whose contract amounts are below thelevel)MUST STILL RESPECT TREATYPRINCIPLES OF NON DISCRIMINATION ON

GROUND OF NATIONALITY,EQUALTREATMENT,TRANSPARENCY.

THESE CONTRACTS WILL BE SUBJECT TOCOMPETITION USING PUBLICATION AS

APPROPRIATE BUT PUBLICATIONS ARE NOT REQUIREDTO

APPEAR IN O.J.EU


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THE SUPPLIER S PERSPECTIVEHOW TO INCREASE OPPORTUNITIES

AT STRATEGIC STAGE

DEFINING YOUR PRODUCT IN THE PUBLICMARKET

HAVING A MARKETING STRATEGY

TARGETING YOUR MARKET

ASSESSING THE POTENTIAL BARRIERS TOMARKET ENTRY

-REGULATORY

-TECHNICAL -ECONOMIC

-CULTURAL


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........

ASSESSING REGULARLY CUSTOMER

EXPECTATIONS WILL HELP YOU IMPROVE

YOUR OVERALL COMPETITIVENESS.A CLEAR

PICTURE OF CUSTUMER EXPECTATIONS

QUALITY RELATIVE TO PRICE

DELIVERY

TECHNICAL HELP

ALL ROUND CUSTOMER SERVICE

WILL ALSO MAKE FOR MORE EFFECTIVE BIDS


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.AT BIDDING STAGE

READ CAREFULLY THE REQUIREMENTS STATED IN THETENDER DOSSIER NOT ONLY TECHNICAL BUT ALSOADMINISTRATIVE(MANY CASES OF REJECTION OCCURFOR ADMINISTRATIVE NON COMPLIANCE).OFFERS DONOT INCLUDE WHAT WAS ASKED FOR.

EXPLOIT THE POSSIBILITY OF

*CONSORTIA ,JOINT VENTURE OR PARTNERSHIP

*SUBCONTRACTING TO LOCAL FIRMS

OR BEING SUBCONTRACTOR TO FOREIGN FIRM

*ALLOTMENT


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.......

DO NOT LEAVE THE PREPARATION OF YOUR OFFER

TO THE LAST MOMENT.LEARNING LOCAL

REGULATION(ON CUSTOMS TAXES ORLABOUR)CREATION OF CONSORTIA,JOINT

VENTURE,OR SUBCONTRACTING MAY BE TIME

CONSUMING.

INVOLVE ALL MANAGERS IN WRITING OF BID.BIDSUBMITTED BY SALES MANAGER ALONE COULD

CONTAIN DISASTROUS ERRORS OR PROMISES


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USE THE LANGUAGE OF THE COUNTRY OFC.A.(IF NOT OTHERWISE STATED) WHEN YOURESPOND TO TENDER;THE FACT THAT EUR.O.J. PUBLICATIONS ARE TRANSLATED INTOMEMBER STATE LANGUAGES MAY MISLEADREADERS AS TO THE APPROPRIATELANGUAGE FOR TENDERING.

LOCAL PRESENCE HAS MANYADVANTAGES.IN PARTICULAR SUB-

THRESHOLD OPPORTUNITIES,WHICH ARE NOTREQUIRED TO BE ADVERTISED IN THE O.J.,CAN OFTEN ONLY BE IDENTIFIED BY HAVINGTHIS PRESENCE.


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HOW TO BE INFORMED

A P.P. INFORMATION SYSTEM(SIMAP) HASBEEN LAUNCHED BY THE COMMISSION INCOLLABORATION WITH THE MEMBER STATES

HTTP://WWW.SIMAP.EU.INT

THIS NEW ELECTRONIC TOOL IMPROVESQUALITY OF INFORMATION ON P.P. ANDMAKES P.P. MORE EFFICIENT FORCONTRACTING AUTHORITIES AND FORSUPPLIERS:
http://www.simap.eu.int/http://www.simap.eu.int/


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SIMAP

EASY ON-LINE ACCESS

*TO TENDER OPPORTUNITIES

FOR SUPPLIERS

*TO STANDARDISED NOTICES

FOR C.A.

IT PROVIDES

*ON-LINE VERSION OF O.J.

PUBLICATIONS OF TENDERS:

TENDER ELECTRONIC DAILY(T.E.D.)

*PROCUREMENT OPPORTUNITIES

DATABASES(BY COUNTRY,INTERN

ATIONAL AND EUROPEAN INSTITUTIONS)


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.

*COMMON PROCUREMENT CODE(C.P.V.)

*FORMS OF THE O.J. FOR CONTRACTNOTICE,PRIOR INFORMATION AND CONTRACTAWARD

*SUPPORT FOR PROBLEM SOLVING

THROUGH

*THE EUROPEAN PUBLIC

NETWORK(PPN) CONTACT POINT *THE SOLVIT CENTER IN YOUR

COUNTRY


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.

THE C.P.V. IS A CODE WHICH

*FACILITATES THE PROCESSING OF INVITATION TOTENDER PUBLISHED IN THE O.J. BY MEANS OF A SINGLECLASSIFICATION SYSTEM TO DESCRIBE THE SUBJECTMATTER OF PUBLIC CONTRACT.

*IMPROVES THE TRANSPARENCY.

*HELPS THE SUPPLIERS TO IDENTIFY QUICKLY THEOPPORTUNITIES.

*HELPS THE C.A. TO BROADEN COMPETITION.

*WILL BECOME COMPULSURY WITH THE ADOPTION OFTHE REVISED EUROPEAN DIRECTIVES.


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OTHER SOURCES OF

INFORMATION

DIRECT LINK TO OFF. JOURNAL OF E.C.

TED HTTPP://TED.EUR.OP.EU.INT

TAILORED SERVICES

EURO INFO CENTERS(EIC) WHICH

PROVIDE SPECIALISED INFO AND

ADVISORY SERVICES TO HELP

COMPANIES TO DEVELOP BUSINESS INE.U.(FINDING PARTNERS MARKET

INFO)


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.....

EUROPEAN ORGANISATION FOR TESTING AND

CERTIFICATION(EOTC) HTTPP://WWW.EOTC.BE

TRADE ASSOCIATIONS CAN BE VERY

HELPFUL.CAN GIVE DEEPER INSIGHT INTOLEGAL ISSUES PERTAINING TO

P.P.(CONTRACTS,STANDARDS) WITHIN YOUR

SECTOR

CEN(HTTPP://CENORM.BE) ANDCENELEC(HTTPP://CENELEC.BE)FOR

STANDARDS


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COMMON PRACTICE IN P.P.

DIRECTIVES LEAVE TO NAT. AUTH. THE CHOICE OFFORMS AND METHODS TO BE INCLUDED IN NAT.LEGISLATION TO ACHIEVE THE OBJECTIVES THEY FIXE

DIRECTIVES DO NOT GIVE CODES OF PROCEDURE.THEYFIXE CERTAIN RULES TO BE APPLIED

THE EU LEGISL. DOES NOT REPLACETHE NAT. LEGISL.ITDEFINES THE FRAMEWORK IN WHICH THE NAT.LEGISL.MUST APPLY AND AUTH.MUST OPERATE.IT ISTRANSPOSED IN THE NAT. LEGISL.

IT LEAVES ROOM HOWEVER TO DIFFERENT NAT. P.P.

PRACTICES/IMPLEMENTATION MEASURES


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STAGES OF PUBLIC PROCUREMENTPROCESS

1. JUSTIFICATION & PREPARATION OF ACTIONSSUBJECT TO P.P. PLANNING

2. CHOICE OF PROCEDURES

3. ELABORATION OF TENDER DOSSIER

4. INFORMATION/PUBLICATION

5. INVITATION TO TENDER

6. SUBMISSION & OPENING OF OFFERS

7. EVALUATION OF OFFERS

8. AWARD OF CONTRACT

9. IMPLEMENTATION OF CONTRACT MANAGEMENT


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PHASE 1 AIMS AT ASSESSING THE NEEDS ANDDEFINING THE BEST SOLUTION TO FULLFILTHESE NEEDS

PHASES 2 TO 8 IS THE TENDER PROCEDURE

PROPER PHASE 9 AIMS AT MONITORING AND

CONTROLING THE CONTRACT

PHASE 1 AND/OR PHASE 9 CAN BE

OUTSOURCED TO A CONSULTANT/EXPERTWHICH AT THE SAME TIME MUST KNOW WELLTHE MARKET AND BE INDEPENDANT


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1) JUSTIFICATION & PREPARATIONOF ACTIONS SUBJECT TO P.P.

GENERAL OUTLINE & TECHNICAL DEFINITION(to say if it is part of astrategy/define time scale)

START ADMIN.&LEGAL CLEARANCE(permit to build orsupply)BEFORE LAUNCHING TENDERS

INVOLVEMENT OF STAKEHOLDERS

TOTAL COST EVALUATION/assessment of the choice of

contract(fixed or revisable prices) ECONOMIC & SOCIAL JUSTIFICATION OF THE INVESTMENT

(INCLUDING WHOLE LIFE COST OF INVESTMENT)

ENVIRONMENTAL IMPACT & CHOICE OF TECHNOLOGY

PREPARE BUDGET DECISION TO FINANCE THE PROJECT

PROJECT MANAGEMENT ORGANISATION(staff/team)


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.

ELABORATION OF TECHNICAL SPECIFICATIONS(REQUIRED

CHARACTERISTICS OF A PRODUCT OR A SERVICE) IS AN

IMPORTANT ELEMENT OF THE PREPARATION

TECHNICAL SPEC. CAN BE

EITHER FIXED OR MUST MEET A MINIMUM LEVEL

OR MAY BE FORMULATED IN TERMS OF PERFORMANCE /

FUNCTIONAL REQUIREMENTS

TECHNICAL SPEC. MUST BE CLEARLY WRITTEN

VARIANTS CAN BE ADMITTED WHEN THE AWARD CRITERIONIS THE MOST ECONOMICALLY ADVANTAGEOUS

SUB-CONTRACTING CAN BE ADMITTED

TENDER CAN BE DIVIDED INTO LOTS


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RECOMMANDATIONS

!!Any advice may be used in the preparation oftechnical specifications provided that it doesnot have the effect of precludingcompetition.

!!Any involvment of one potential contractor inthe preparation of a tender excludes itautomatically from participating to the sametender

!! In the case of works contracts or importantsupply contracts the role of the supervisormust be clearly defined


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!! technical spec. shall not have the effect

of creating unjustified obstacles to the

opening of p.p. to competition

!! technical spec. shall not refer tospecific make or service. In exceptional

cases such reference shall be

accompagnied by the word orequivalent .Idem when reference is made

to a specific norm or standard.


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!! Project cannot be fractionned in

different tenders.It is not possible to

disagregate.It can only be divided into

lots !! Mandatory national technical rules can

be applied to the extent that they are

compatible with community law.


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.

TECHNICAL BARRIERS ARE A REALITY OFEUROPEAN MARKET

DIFFERENCES IN NATIONAL STANDARDS ANDTHE CONFORMITY CERTIFICATION

PROCEDURES ARE A MAJOR OBSTACLE EC P.P. PROCUREMENT LEGISLATION

PROMOTES THE USE OF RELEVANTEUROPEAN STANDARDS WHERE THEY EXIST

! !NATIONAL STANDARDS CANNOT BE USEDTO DISCRIMINATE AGAINST OTHER EC ORIGINPRODUCTS


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2) CHOICE OF P.P. PROCEDURES

To award procurement contracts:choice

between

-OPEN PROCEDURE (OP)

-RESTRICTED PROCEDURE (RP) -NEGOTIATED PROCEDURE (NP)

-ACCELARATED PROCEDURE as an exception

And in the future(new directive)

-FRAMEWORK CONTRACT

-COMPETITIVE DIALOGUE


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3) ELABORATION OF TENDERDOSSIER

1. Instructions to Tenderer(content of tender, lots, period of validity, variant solutions,pre-tender visit)2. Special Conditions(amendments to general conditions or ad hoc clauses)

3. General Conditions (include legal and administrative provisions)

4. Technical Specifications(either fixed or must meet a minimum level or meetperformance/functional requirements)

5. Bill of quantities, price breakdown

6. Bank Guarantee Models(for submission, for advance payments, for performance)

7. Note of General Information (concerning customs, tax and price laws andregulations)

8. Procedural Rules on Conciliation and Arbitration of Contracts(usually included in the general conditions)

9. Informations asked to tenderers to assess their qualification10. Must indicated if it is a fixed non revisable price contract or

revisable price contract with price revision formula.


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4) INFORMATION/PUBLICATION

OBLIGATION FOR CONTRACTING AUTHORITIES : TO INFORM THE WISH TO AWARD PUBLIC CONTRACTS OR

FRAMEWORK AGREEMENTS: yearly indicative notices & invitationto tenders

TO INFORM RESULTS OF PROCEDURE OF AWARD (48 days afteraward of contracts or conclusion of a framework agreement)

BEYOND THE THRESHOLDS OF THE E. U. DIRECTIVE ALLTENDERS MUST BE PUBLISHED TO THE EU O.J.:SERVICES & SUPPLIES CONTRACTS: 162.000 OR 249.000

depending on the type of Public Authority listed in annex to thedirective

WORKS CONTRACTS: 6.242.000

BELOW THE THRESHOLDS ADEQUATE PUBLICITY MUST BE

DONE TO ENSURE FAIR COMPETITION

!! DO NOT LAUNCH A TENDER BEFORE THE BUDGET ISSECURED.

! !BEFORE THE ACTUAL TENDER PROCEDURE C.A. MAYISSUE A PRE-INFORMATION NOTICE.ITIS NOT AN INVITATIONTO CONTRACTORS TO TENDER


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5)CONTRACT NOTICE / INVITATIONTO TENDER

CONTRACT NOTICE INDICATES

.AWARD PROCEDURE CHOOSEN(OP,RP..)

.FORM OF CONTRACT (service,supply,works)

.LANGUAGE

.CRITERIA OF THE AWARD OF CONTRACT

.INFORMATIONS REQUESTED CONCERNING

SUPPLIERS PERSONAL POSITION


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..

FOR O.P.

PLACE WHERE CONTRACT

DOCUMENT MAY BE REQUESTED

FINAL DATE FOR RECEIPT OF

TENDERS

DATE ,TIME ,PLACE OF OPENING

VALIDITY PERIOD OF THE BID


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.

FOR R.P. FINAL DATE FOR RECEIPT TO

PARTICIPATE

ENVISAGED Nb OR RANGE OF SUPPLIERS

WHO WILL BE INVITED TO TENDER FINAL DATE FOR DISPATCH OF

INVITATION TO TENDER

IN THAT CASE THE INVITATION TOTENDER WILL BE MADE IN WRITING AND SENTSIMULTANEOUSLY TO ALL SELECTEDCANDIDATES TOGETHER WIYHBTHE TENDERDOCUMENT


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..........

THREE CATEGORIES OF CRITERIA

BIDDER RELATED CRITERIA:FOR

SELECTION AND QUALIFICATION.

TENDER RELATED CRITERIA: FOR

EVALUATION OF OFFERS.

AWARD CRITERIA: ONLY TWO

-THE LOWEST OFFER

-OR THE MOST ECONOMICALLY

ADVANTAGEOUS OFFER.(best overall

combination of price and quality)


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..

CRITERIA AND/OR THEIR RELATIVE

WEIGHTING CANNOT BE CHANGED

AFTER OFFERS HAVE BEEN SUBMITTED

IF THEY ARE CHANGED AFTERPUBLICATION AND BEFORE

SUBMISSION,DATE OF SUBMISSION

MUST BE POSTPONED


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6)SUBMISSION& OPENING OF

OFFERS

This applies only for open procedure(OP)andrestricted procedure(RP)

TIME LIMITS from the date contract notice issent:(regulation 1182/71/EEC governs time limit

calculation) -for OP:52 days to submit an offer

-for RP:37 days to submit a request toparticipate

40 days after invitation to participate issent to submit an offer

OPENING(generally public)


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7) EVALUATION OF OFFERS

MADE BY AN EVALUATION COMMITTEE WHICH ELABORATES AN ENDOF EVALUATION REPORT WITH A PROPOSAL TO AWARD THECONTRACT

SELECTION OF PARTICIPANTS

PRINCIPAL SELECTION OR QUALIFICATION CRITERIA USED:

- SUBJECTIVETECHNICAL AND/OR PROFESSIONAL CAPACITY

ECONOMIC AND FINANCIAL STANDING

-OBJECTIVE

RESPONSIVENESS TO ADMIN. AND TECHN. REQUIREMENTS

PERSONAL SITUATION OF TENDERER,SUCH AS BANKRUPT,CORRUPTION,PROFESSIONALMISCONDUCT

ADMINISTRATIVE DOSSIER UNCOMPLETE

CONFLICT OF INTEREST

! ! In the case of RP this selection is made at the pre-qualification level, i.e. before sending the tenderdossier. A minimum of 5 candidates invited to submit a tender is required.

!! In the case of NP a minimum of 3 candidates invited to negotiate

is required

!! Only selected participants/bids are evaluated


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. AWARD CRITERIA

eitherTHE LOWEST PRICEtender administratively and technically compliant

orTHE MOST ECONOMICALLY ADVANTAGEOUS TENDER ( Based onevaluation criteria such as quality, price, technical merit, functionalcharacteristics, environmental characteristics, running costs, cost-effectiveness, after sales service and technical assistance, delivery date or

period of completion).! ! Relative weighting given to each criteria must be specified in the invitation

to tender notice

! ! Techn. Spec. are selection criteria if they are fixed requirementsare evaluation criteria if they must meet with a min.

level

! ! Changing criteria or even a change in relative importance of criteria isnot permitted


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WRITTEN REPORT SHALL INCLUDE:

NAMES OF TENDERERS ADMITTED AND REASONS

NAMES OF TENDERERS REJECTED AND REASONS

NAME OF TENDERER TO WHICH IT IS PROPOSED TO AWARD THE

CONTRACT! ! ABNORMALLY LOW TENDER

Before rejection, explanations are requested and analysis is made

taken into consideration:

ECONOMICS OF PROCESS

TECHNICAL SOLUTIONS CHOOSENEXCEPTIONALLY FAVOURABLE CONDITIONS AVAILABLE

ORIGINALITY OF SUPPLIES, SERVICES, WORKS PROPOSED

STATE AID


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..

ForSupply and Civil Works Contract the evaluation of the

most economically advantageous offer is made through a

matrix including the evaluation criteria, their scores &

their relative weights

Offer 1 Offer 2Evaluation criteria A score (1-100) B weight (%) (AxB) (AxB)

-------------- ------------- -------- ------ -------

-------------- ------------- -------- ------ -------

-------------- ------------- -------- ------ -------

Total = 100 Total= Total =

The contract is awarded to the highest score


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. FOR SERVICE CONTRACTS THE EVALUATION OF

THE MOST ECONOMICALLY ADVANTAGEOUS

OFFER IS MADE BY WEIGHTING QUALITY & COST

FOLLOWING A CERTAIN RATIO (FOR EX. 80/20) SCORES GIVEN TO TECHNICAL OFFER ARE MULTIPLIED BY

0,80

SCORES GIVEN TO FINANCIAL OFFER ARE MULTIPLIED BY

0,20

THE CONTRACT IS AWARDED TO THE OFFER

HAVING THE HIGHEST FINAL SCORE ( addition of

technical score & financial score)


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HOW TO SCORE TECHNICAL & FINANCIAL OFFERS?

TECHNICAL OFFER:EACH EVALUATOR SCORES IT (up to a maximum of 100 points)

TAKING INTO ACCOUNT RELATIVE WEIGHT OF EACH FACTOR BY

WHICH THE QUALITY CAN BE ASSESSED (methodology, staff profile)

AVERAGE TECHNICAL SCORE IS THEN ATTRIBUTED TO EACH

OFFER

ONLY TECHNICAL OFFERS HAVING REACHED SCORE > 80 ARE

RETAINED

THE FINAL TECHNICAL SCORE OF EACH RETAINED OFFER IS

DETERMINED AS FOLLOWS: (AVERAGE TECHNICAL SCORE OF THE OFFER / AVERAGE

TECHNICAL SCORE OF THE BEST TECHNICAL OFFER) x 100


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.FINANCIAL OFFER:

ONLY FINANCIAL OFFER OF THE TECHNICAL OFFERS RETAINED

ARE CONSIDEREDSCORE OF 100 IS GIVEN TO THE LOWEST FINANCIAL OFFER

FINANCIAL SCORE OF OTHER OFFERS IS DETERMINED AS

FOLLOWS:

(COST OF THE LOWEST OFFER / COST OF THE OFFER) x 100


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8) AWARD OF CONTRACT

THERE ARE ONLY 2 CRITERIA TO AWARD CONTRACTS:LOWEST PRICE

MOST ECONOMICALLY ADVANTAGEOUS TENDER

COMPOSITION OF A CONTRACT:

PART I + PART II + TECHNICAL ANNEXES

Special Conditions General Conditions Technical Specifications,(ad hoc clauses or (no modifications Tenderer offer (comprising

amendments to possible), among others

general conditions) modalities of execution and

price)

Order of precedence of contract documents must be indicated.Minutes of

information meetings and site visits are part of the contract document

CONTRACT SENT BY CONTRACTING AUTHORITY TOCONTRACTORS FOR SIGNATURE

INFORMATION TO ALL CANDIDATES OF RESULTS OF

PROCEDURE OF AWARD


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9) IMPLEMENTATION OFCONTRACT

A CONTRACT IS A LEGAL COMMITMENT BETWEEN CONTRACTINGAUTHORITY (C.A.) & CONTRACTOR . C.A. MUST PROCEED WITH:

CONTINUOUS SUPERVISION OF THE EXECUTION TO ENSURE THATCONTRACTOR FULLFILL THE TERMS(LEGAL, ADMIN.&TECNICAL)OF THE CONTRACT

QUALITY CONTROL

COST CONTROL

MONITORING OF IMPLEMENTATION TIMETABLE (Delays)

CHECKING THE BILL OF QUANTITIES

DEALING WITH VARIATION ORDERS

VERIFICATION OF PAYMENT ORDERS

MANAGEMENT OF BANK GUARANTEES

PENALTIES CALCULATION (IF NECESSARY)

CLAIMS ANALYSIS/ ARBITRATION, CONCILIATION MANAGEMENT ( IFNECESSARY) PROVISIONAL ACCEPTANCE

FINAL ACCEPTANCE


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10) MAIN FACTORS OF RISK(I)

UNCOMPLETE PREPARATION OF ACTIONSTAKEHOLDERS NOT OR NOT ENOUGH INVOLVED

WRONG COST EVALUATION

WRONG ENVIRONMENTAL IMPACT ASSESSMENT AND CHOICE

OF TECHNOLOGYWEAK OR WRONG ECONOMIC/SOCIAL JUSTIFICATION

MISSING TO CONSIDER WHOLE LIFE COST OF INVESTMENT

TENDER DOCUMENT

TECHNICAL SPECIFICATIONS NOT CLEAR ENOUGH

DOSSIER UNCOMPLETE OR TOO VAGUE ON ADMINISTRATIVE

& LEGAL ISSUES (delays, penalties, bank guarantees)


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10) MAIN FACTORS OF RISK(II)

EVALUATION OF OFFERSWRONG ASSESSMENT OF TECHNICAL CAPABILITY & ECONOMIC &

FINANCIAL STANDING OF CONTRACTOR

IMPLEMENTATION OF CONTRACT

CONTRACTING AUTHORITY DOESNT FULFILL ITS OBLIGATION

WEAK SUPERVISION INSUFFICIENT QUALITY CONTROL

COST CONTROL

TIMETABLE CONTROL

POSSIBLE RISKS ARE:

Cost overuns / Quality not up to Standards / Delays / Breach of

contract/ Claims / Arbitration / Termination of contract.


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OPTIONAL MOD L


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OPTIONAL MODULE

EVALUATION OF TENDERS A For supply and works contracts

1-Assessment of the tenderers capacity to execute the contract(financialsituation as well as technical and professional capacities)

2-Evaluation of technical offers

.administrative compliance(yes or no grid)

.technical compliance(to assess whether or not the competing tenders meetthe minimum technical requirements criteria)

3-Evaluation of financial offers(arithmetical errors ,if any,are corrected.If thetender procedure contains several lots, financial offers are compared for eachlot.The financial evaluation will have to identify the best financial offer for eachlot)

4-Choice of contractor

For works contracts the tender offering best value for money is the leastexpensive tender classified astechnically compliantduring technical

evaluation. For supply contracts the tender offering best value for money is selected using a

matrix including evaluation criteria(such as functionalcharacteristics,environmental characteristics,running costs,after sales serviceand technical assistance,delivery date).The contract is awarded to the tenderachieving the lowest score.

OPTIONAL MODULE


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OPTIONAL MODULE

EVALUATION OF TENDERSB For service contracts

Technical offers and financial offers must be put in two separate sealed envelopes.Theevaluation procedure starts with the evaluation of technical offers.

1-Evaluation of technical offers

Each evaluator awards each offer a score out of a maximum 100 points in accordancewith the technical evaluation grid.The aggregate final score is the arithmetic average of theindividual scores.Any tender falling short of the 80 point threshold is automatically rejected.

The committee considers only tenders that have obtained at least 80 points.Of thesetenders,the best technical offer is then awarded 100 points.The others receive pointscalculated by means of the following formula:

Points=(initial score of the tender in question / initial score of the best technical offer)x100

2-Evaluation of financial offers

Arithmetic errors,if any,are corrected.

The lowest financial offer receives 100 points.The others are awarded points by means ofthe formula:

Points=(lowest financial offer /financial offer considered)x100

3-Choice of contractor The tender offering best value for money is selected using an 80/20 weighting

distribution between technical quality and price.This is done by multiplying:

the scores awarded to the technical offers by 0.80

the scores awarded to the financial offers by 0.20

The resulting technical and financial scores are then added together, and the contract isawarded to the tender achieving the highest score.

OPTIONAL MODULE


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OPTIONAL MODULE

EVALUATION OF TENDERS

GENERAL CONSIDERATIONS IN ALL ABOVE CASES

A Selection and award criteria should be precise, non-

discriminatory and not prejudicial to fair competition

B The chairman of the evaluation committee must check that nomember has a potential conflict of interest with any of the

tenderers

C The entire tender procedure is confidential from the end of the

tender opening session to the signature of the contract by both

parties.

OPTIONAL MODULE


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OPTIONAL MODULE

CONTENT OF A TENDER DOSSIER

A For works and supply contracts

1- Instruction to tenderers

2- Additional notice to tenderers

3-Tender submission form

4-Contract form

5-Special conditions

6-General conditions7-Technical Specifications

8-Description of tender evaluation system giving the criteria for evaluation

and the weight attached to each individual criteria

9-Financial offer(model) price schedule and breakdown,bill of quantities

10-Tender guarantee (form)

11-Performance guarantee (form)

12-Prefinancing payment guarantee (form)

The tender must clearly state whether or not the tender must be made

fixed,non-revisable price.If not,the tender dossier must lay down the formula

for revising prices during the life time of the contract.

OPTIONAL MODULE


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OPTIONAL MODULE

CONTENT OF A TENDER DOSSIERDETAILS OF EACH ABOVE ITEMS (only main issues to be included are mentionned here below.For full

information about procedure,standard dossiers,templates, models and forms please consult thefollowing web page:http://europa.eu.int/comm./europeaid/tender/gestion/index en.htm. )

1-Financing,participation,timetable,period of validity of tenders,variant solutions,lots,clarification

meeting/site visit,opening of tenders,criteria of selection and award with their weighting,joint

venture/consortium,subcontracting

2-General information about the tenderer,financial statement,financial identification form,technical

qualifications

For works tender dossier:Overview of tenderers personnel,personnel to be employed on thecontract,professional experience of key personnel,plant ,workplan and programme,design documents

and drawings

5-Period of execution,commencement order, contractors drawings,and any conditions which

amplify,supplement or derogate from the general conditions and,when they conflict,override them.

For works tender dossier: Supervisor,variations and modifications,

For supply tender dossier: Inspection and testing,delivery,after sales service,warranty

6-Consult the above mentioned web page for standard text.

Includes legal and administrative issues among others obligations of the contracting authority and

of the contractor,breach of contract and termination,dispute settlement.This document is kept as it is.

7-To be specified by the contracting authority

3-4-9-10-11-and 12- Consult the above web page for models and forms

OPTIONAL MODULE


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OPTIONAL MODULE

CONTENT OF A TENDER DOSSIER

B For service contracts

1-Instructions to tenderers

2-Shortlist of candidates

3-Special conditions

4-General conditions

5-Terms of reference

6-Budget breakdown7-Tender submission form

8-Contract form

9-Format for a guarantee for pre-financing payments

DETAILS OF EACH ABOVE ITEMS(only main issues to be included are mentioned here

below)

1-Selection and award criteria and their weightings,whether interviews of key experts

will be held,whether variants are allowed,whether subcontracting is permitted,maximum

budget available for the contract

2-Stipulate that candidates cannot form alliances

5-Provisional timetable

PROCUREMENT PROCESS


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PROCUREMENT PROCESS

INVITATION TO TENDER(Notice)

TENDER DOSSIER

(Contents of tender dossier,Clarification of tender

information,Amendments to tender dossier)

INSTRUCTIONS TO TENDERERS(Contents of tender,Lots,Independence of tenderers,Pricing of

tenders,Period of validity,Tender guarantee,Variant solutions,Pre-

tender visit,Signing of tenders

EXAMINATION OF TENDERS

(Opening of tenders,Evaluation of tenders,Annulment of tender

procedure)

AWARD OF CONTRACT

(Notification of award)

GENERAL CONDITIONS FOR


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GENERAL CONDITIONS FOR

CONTRACTS1 GENERAL CONDITIONS FOR CONTRACTS

PRELIMINARY PROVISIONSSuch as law of the contract

Order of precedence of contract documents

Sub-contracting

OBLIGATIONS OF THE CONTRACTING AUTHORITY

Such as -supply of documents-access to site

OBLIGATIONS OF THE CONTRACTOR

Such as -performance guarantee

-insurance

-performance programme

-detailed breakdown of prices

-contractors drawings

-staff

-patents and licences

GENERAL PROVISIONS FOR


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CONTRACTSCOMMENCEMENT AND DELAYS

Such as -commencement orders

-period of performance

-delays in performance

-variations

-suspension

MATERIALS AND WORKMANSHIPSuch as -quality of supplies,works and materials

-inspection and testing

-rejection

PAYMENTS

Such as -advances-retention sums

-revision of prices

-interim payments

-final statement of account



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CONTRACTSACCEPTANCE

Such as -delivery

-test on completion

-provisional acceptance

-after sales service

-final acceptance

BREACH OF CONTRACT AND TERMINATIONSuch as -breach of contract

-termination by the contracting authority

-termination by the contractor

-force majeure

SETTLEMENT OF DISPUTES2 PROCEDURAL RULES ON CONCILIATION AND ARBITRATION

OF CONTRACTS


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