Tender Management by Ramon A. Pili

TENDER MANAGEMENT

Ramon Arias PiliEmail: [email protected]

By : Ramon A. Pili

CURRICULUM VITAERAMON A. PILI

Date of birth : Jakarta, 6 June 1977Degree : S1, Economic Faculty,

University of IndonesiaOccupation : 2006 – 2008, Head of Adm. & Fin. OFS BPN

2008 – 2009, Proc. Manager of OFS Div. 2009 – Present, Proc. Manager of EDS Div

Certification : 2009, Kepres 80/2003, BAPPENAS2010, International Purchasing & Supply Chain (IPSCM), ITC

2011, Advanced International Purchasing & Supply Chain (IPSCM), ITC (test will be held on Sept, 2011)

Workshop : 2010, Basic Supply Chain (IPOMS) 2011, Material for CSCP Certification (IPOMS)

Ramon Arias Pili@Copyright 2011 2

Table of Contents1)Terms & Definit ions2)Ethics & Principles3)Regulations4)Tender Process5)Contract6)Content of the Contract7)Reference


Terms & Definitions1) “OFFER” means to present for acceptance or rejection.

2) “TENDER” relates to the making of a formal offer in a sealed envelope.

3) “BID” is associated with making offers at tenders. Bid is also commonly used in relation to any offer made.

4) “Pre-BID/AANWIJZING” means elaborating the term of reference/bid document.

5) “QUOTATION” is a semi-formal process related to an enquiry.

6) “PROPOSAL” means suggest an indicative offer rather than a formal offer .

7) “QUALIFICATION” means appraisal of competency , ability and eligibility from vendors.


Principles & Ethics


Principles (Peraturan Presiden no. 54 , 2010)

1) “ Efficient”, achieving target with time that already agreed

2) “Effective”, according to the organization needs and goals.

3) “Competitive”, open to all eligible suppliers.

4) “Transparent”, suppliers have access to the information and requirement of the tender.

5) “Fairness”, fair treatment to all suppliers.

6) “Accountable”, achieve target according to the needs, financial and benefits to avoid authority abuse.

Principles & Ethics


Principles (OECD Principles for Integrity in Public Procurement,2009)

• Provide adequate degree of transparency in the entire procurement cycle.

• Maximize transparency in competitive tendering and take precautionary measures to enhance integrity.

Transparency

• Ensure that public funds are used in public procurement according to the purposes intended.

• Ensure that procurement officials meet high professional standards of knowledge, skills and integrity.

Good Management

• Put mechanisms in place to prevent risks to integrity.• Encourage close co-operation between government and the private

sector.• Provide specific mechanisms to monitor public procurement as well

as to detect misconduct and apply sanctions accordingly.

Prevention of Misconduct, Compliance

and Monitoring

• Establish a clear chain of responsibility together with effective control mechanisms.

• Handle complaints from potential suppliers.• Empower civil society organizations, media and the wider public to

scrutinize public procurement.

Accountability & Control

Ethics1) Conducting the job based on the regulations with high responsibility attitude

to achieve target and objective.

2) Professional and independent with honesty and able to keep all documents confidential.

3) Predispose other directly or indirectly against the unsupportive competition is prohibited.

4) Accepting all decisions that have been agreed within parties.

5) Avoid “Conflict of Interest”.

6) Prevent and avoid authority abuse for personal intentions.

7) Do not accept any kind of bribery, commission, gift or any kind from others.


Principles & Ethics

RegulationsRegulations


YOUR COMPANY

PTK 007/Rev-2

Perpres 54/2010

Tender Process


Preparation

Execution

Contract

Procurement Plan Choosing the Selection Method Qualification Method Scheduling Plan Document Preparation and OE Determination

Distribute Tender Document Aanwijzing Submit Quotation Evaluation Negotiation Winner Selection Debrief unselected participant

Based on Term of Payment

Based on Period of Contract

Content of the Contract

Tender Preparation


PreparationProcureme

nt Plan

Choosing the selection method

Qualification Method

Scheduling Plan

Document Preparation & OE

Determination

•Preparation

•Execution

•Contract

Procurement Plan

•Considering the needs of operational•Considering some factors:

•Optimize procurement process•Type of Contract, quantity, quality and deadline•The procurement workflow•Cost Risk•Technology

•Maximize product consumption and competency in result.•Considering the rule of K3LL


• Public Tendering• Limited Tendering• Direct Selection• Direct Appointment


• Pre-qualification• After-qualification

Pre-qualification

Pre & AfterQualification


≥ 1Advertise the Open Tendering

Prequalification

≥ 3

Pre bid Meeting/Aanwijzing

Arrange BAP/ADDM

Submit & Open Quotation

≥ 3

Arithmetic Correction

Administration Evaluation

≥ 1

NO

Technical Evaluation

≥ 1

Price Evaluation

2nd NO

2nd NO

NO2= Direct Selection≤ 1Direct Appointment

Winner Selection

•Preparation

•Execution

•Contract

After-qualification

Pre & AfterQualification


Advertise the Open Tendering

Register and Collect Document

Pre bid Meeting/Aanwijzing

Arrange BAP/ADDM

Submitting and Open Quotation

≥ 3

Arithmetic Correction

Administration Evaluation

≥ 1

NO

NO

Technical Evaluation

≥ 1

Price Evaluation Verify the Qualification Document

≥ 1

≥ 1

2nd NO

2= Direct Selection≤1Direct Appointment

≥ 32nd NONO

Winner Selection

•Preparation

•Execution

•Contract

Tender Preparation


PreparationProcureme

nt Plan



Scheduling Plan

Document Preparation & OE

Determination

•Preparation

•Execution

•Contract

Scheduling Plan

• Creating the schedule from beginning to end

Document Preparation and OE Determination

• Preparing for document• Determine Owner Estimation

Tender Execution Process

Ramon Arias Pili@Copyright 2011

Execution

•Preparation

•Execution

•Contract

Distribute Tender Document

• Register/Invited to the tender

Aanwijzing

• Explaining and describing tender specifications

Submit Quotation

• Submitting the quotation within stated period• One Envelope• Two Envelope• Two Stage

Collecting Tender

Document

Aanwijzing

Submit Quotatio

n

Evaluation

Negotiation

Winner Selection

Debrief Unselected Participants

14

Tender Execution Process


ExecutionCollecting

Tender Document

Aanwijzing

Submit Quotatio

n

Evaluation

Negotiation

Winner Selection


•Preparation

•Execution

•Contract

Evaluation• Elimination System• Scoring System• Lifecycle Cost (TCO)

Negotiation

• Reconditions the submitted quotation

Winner Selection

• Winner could be announced from website or public media


Contract


Based on Term of Payment

•Preparation

•Execution

•Contract

Lump-Sum

• The work should be accomplished within period of time

Unit Price

• The work should be accomplished within period of time• Fixed price

Cost Plus Fee

Turn key

• Refers to something that is ready for immediate use

Contract


Based on Period of Contract

•Preparation

•Execution

•Contract

Single Year

Multi-Year


1) Identifying the parties

2) Description of the goods/services/capital investment

3) Contract price

4) Delivery

5) Inspection by the buyer

6) Retention of title

7) Payment conditions

8) Documents

9) Liability for late delivery, non delivery and remedies

10) Limitation of liability for nonconforming goods

11) Claims in product liability or otherwise

12) Force majeure

13) Applicable law

14) Resolution of disputes

15) Language of the contract

•Preparation

•Execution

•Contract

ContractContent of the


16) Conditions to the entering into force of the contract

17) Definitions

18) Notices and communications

19) Exclusion of headings

20) Merger

21) Modification of the contract

22) Changes in the parties

23) Assignment

24) Termination for cause

25) Insurance

26) Warranty claims

27) Void ability of the contract or part or it

28) Intellectual or industrial property

29) Taxes

30) Performance bonds, advance payment, and/or completion bonds

•Preparation

•Execution

•Contract

ContractContent of the

Reference


Keputusan Presiden No. 80/2003

Peraturan Presiden 54/2010

Pedoman Tata Kerja 007 rev 1 & 2 (BPMigas)

International Purchasing & Supply Chain Management (IPSCM), Modul 6

IPSCM, Modul 8

OECD Principles for Integrity in Public Procurement, OECD, 2009

Bids, Tenders & Proposals, Kogan Page, 2003

Lembaga Kajian Pengadaan (Barang/Jasa) Pemerintah (LKPP)

Tender Management by Ramon A. Pili

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