Transcript Slayt 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
This project is co-financed by the European
Union and the Republic of Turkey
Advanced Training
PRAG Works
5 – 7 April 2011
Advanced Training PRAG Works 5-7 April 2011
1
This project is co-financed by the European
Union and the Republic of Turkey
Advanced Training PRAG Works 5-7 April 2011
2
This project is co-financed by the European Union
and the Republic of Turkey
Agenda - 1
Day # 1
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Introduction
Roles of Parties
FIDIC & PRAG Integration
Contract Types
Project Life Cycle for Tender & Contracting
Contents of a Works Tender Dossier
Where to find what
Expertise Necessary
2 exercises/cases (morning + afternoon)
Advanced Training PRAG Works 5-7 April 2011
3
This project is co-financed by the European Union
and the Republic of Turkey
Agenda - 2
Day # 2
– Lots (if any)
– Procurement Notice & ITT
• Selection Criteria
– Volume 3, 4 & 5 of a TD
– (with a focus on FIDIC implementations)
– Documents forming a Works Contract
• Annex to Tender
• Volume 2 contents
– 2 exercises/cases (morning + afternoon)
Advanced Training PRAG Works 5-7 April 2011
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Agenda - 3
This project is co-financed by the European Union
and the Republic of Turkey
Day # 3
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Tender Evaluation
Award Procedures
Exercise # 5
Other Relevant Info
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Suspension Clause
Additional Works
Variant Solutions
Modifying of works contracts
Rules of Origin
Supervision ToRs
• Overall evaluation of the training
Advanced Training PRAG Works 5-7 April 2011
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Agenda
This project is co-financed by the European Union
and the Republic of Turkey
Session # 1
Day # 1 - Morning
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Introductions
Roles of Parties
PRAG & FIDIC Integration
Contract Types
Project Life Cycle
Sequence of Events
Exercise # 1 on Planning
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Introduction - 1
• Trainer:
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Kerem Sadıklar
Civil Engineer & MBA
> 15 years of experience including EU & UNDP
[email protected]
• Participants:
– 25 of FCD + TID of RCOP – CIC
– Knowledge & experience level?
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Introduction - 2
• Training Objectives:
By the end of the course, the trainees should;
– have a solid understanding of Contract Types
– know contents of a tender dossier
– know where to find what
– be able to identify the external expertise they need
– be able to identify selection criteria, be able to draft PN and ITT
– Be able to attend an evaluation committee as an evaluator
(voting member)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Introduction - 3
• Training :
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will be interactive; please be participative
will use exercises
will involve team work
will use internet (EC sites)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
PRAG Works - 1
• Roles of Parties
• Decentralised: Ex-Ante
• EUD ( Ex-ante approval & Observor & Monitoring)
• CFCU ( Contracting Authority & Employer & Final Beneficiary)
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MoIT (Operational Structure)
End Recepients
Contractor(s)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
•
PRAG Works - 2
PRAG & FIDIC integration
– PRAG; Practical Guide to Contract Procedures for EU External
Actions
– FIDIC; conditions of contract
– FIDIC replaces/changes certain documents of PRAG, but
– Mainly they complement each other.
It is important to understand what each stands for in practice…
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Works Contracts
Work Contract Types by nature
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Construction (Employer’s Design FIDIC RED BOOK)
Plant and Design – Build (FIDIC YELLOW BOOK)
Design Build Operate
• (FIDIC YELLOW BOOK)
• (FIDIC GOLD BOOK – still not finalized)
EPC (Engineer Procure Construct) /Turnkey Projects (FIDIC SILVER
BOOK)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Types - 1
≥ € 5,000,000
< € 5,000,000 &
> € 300,000
< € 300,000 &
> € 10,000
≤ € 10,000
1.International
Open Tender
Procedure
Local Open Tender
Procedure
Competitive
Negotiated
Procedure
Single Tender
2. International
Restricted Tender
Procedure
Advanced Training PRAG Works 5-7 April 2011
(for all
procurement
types)
13
This project is co-financed by the European Union
and the Republic of Turkey
Contract Types - 2
• Single Tender
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≤ € 10.000
PRAG 2.4.8 defines the procedures
Single tenderer is sufficient
Basic principles should be met (eligibility rules, capacity,
exclusion criteria, etc.)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Types - 3
•
Competitive Negotiated Procedure
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3 contractors are invited (Invitation Letter + Tender Dossier)
30 days for submission of proposals
Tenders are evaluated by a committee of 3
1 compliant tender is sufficient to award
After 2 successive failures CA may proceed with negotiated
procedure
• Subject to prior approval of the EC
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Types - 4
• Local Open Tenders
– No forecast notice
– Not published on the OJ of EC but on the OJ of the
Beneficiary Country or equivalent media
– PN must also be published on the Europeaid website
• Give 15 days for translation
– Equal opportunities for the eligible contractors located
outside the Beneficiary Country
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Types - 5
• International Open Tenders
– FN must be published on the Europeaid website
• Give 15 days for translation
– PN must be published in OJ of EC and on the OJ of the
Beneficiary Country or equivalent media
– PN must also be published on the Europeaid website
• Give 15 days for translation
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Sequence of Events - 1
• Time planning is crucial for successful tendering &
contracting
• Supervision and Work Tenders have to run in parallel;
– Relevant contracts should be signed after securing the other,
– Supervision contract should commence before the relevant works
contract (ideally 1 month)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Sequence of Events - 2
Supervision
Local Open
Works
International
Open Works
Forecast Notice
Yes 30 days
x
Yes 30 days
Procurement
Notice
Yes
Yes
Yes
EoI Submission
PN + 30 days
x
x
Tender
Submission
SL + 60 days
PN + 60 days
PN + 90 days
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Sequence of Events - 3
• Project Life Cycle (after contracting):
• Access to site
• Commence Order (90 days after contract signature)
• Execution Period (depends on each project)
• Defects Liability Period (12 months)
The project duration in an OIS and the duration of the relevant
supervision contract should take these into account…
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Exercise # 1
 Please prepare a time schedule for the tendering and
contracting of the works and supervision components of a
construction project.
 The schedule should include all the relevant milestones.
 Please do a joint schedule for both types of the works
contracts (local and international open tenders).
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Agenda
Session # 2
Day # 1 - Afternoon
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Where to find what?
Contents of a Works Tender Dossier
Expertise Necessary vs. Project Type
Exercise # 2 (Contents of a Works TD)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
EC Web Sites
•
An important thing to know; Where to find what?
– Starting point for EuropeAid;
http://ec.europa.eu/europeaid/index_en.htm
– PRAG documents;
http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm
– All tenders;
https://webgate.ec.europa.eu/europeaid/onlineservices/index.cfm?do=publi.welcome
PRAG is a living document; please get accustomed to use these sites…
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contents of a TD - 1
• A works tender dossier consists of 5 Volumes
•
•
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•
Volume 1 (ITT& forms)
Volume 2 (Contract & Samples)
Volume 3 (Technical Specifications)
Volume 4 (Financial Offer)
Volume 5 (Drawings)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contents of a TD - 2
Volume 1:
– ITT (Instructions to Tenderers)
– Tender Forms
– Tender Guarantee Sample
– Questionnaires
– LIF & FIF
– PoA
– Financial Statements
– Evaluation Grids
The tenderer’s proposal will be a part of the contract documents but
Volume 1 and PN will not …
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contents of a TD - 3
Volume 2:
– Draft Contract
– General (FIDIC Book Cover Page) & Particular Conditions
– Security Samples (Pre-finance, Performance & Retention)
– Annex I (Tax customs arrangements)
Advanced Training PRAG Works 5-7 April 2011
26
This project is co-financed by the European Union
and the Republic of Turkey
Contents of a TD - 4
Volume 2:
– FIDIC & PRAG; changes please be careful
– Security Samples (Pre-finance, Performance & Retention)
Under FIDIC Performance Guarantee reads as;
« …. We note that the guarantee will be released in accordance with
Article 4.2 of the Particular Conditions to the Contract [ and in any case at
the latest on (at the expiry of 18 months after the implementation period of
the Contract) ]. …»
Under EU General Conditions Performance Guarantee reads as;
« ..We note that the guarantee will be released in accordance with Article
15.8 of the General Conditions to the Contract [and in any case at the latest
on (at the expiry of 18 months after the implementation period of the
Contract)]..»
Advanced Training PRAG Works 5-7 April 2011
27
This project is co-financed by the European Union
and the Republic of Turkey
Contents of a TD - 5
Volume 3:
Technical Specifications
Volume 4:
Model Financial Bid & Payment Preambles
Volume 5:
Design Documents & Drawings
Advanced Training PRAG Works 5-7 April 2011
28
This project is co-financed by the European Union
and the Republic of Turkey
Expertise Necessary - 1
Various types of experts are necessary to prepare a full-fledged Works TDs
For infrastructure projects: Environment (water & waster water),
Transportation etc.
• Design Engineers
• Environmental Engineers
• Quantity Surveyors
• CAD Experts
• Contract Experts
• Tendering and PRAG experts
Usually executed under Design-Build (Yellow FIDIC) Contracts
with the exception of water, waste water networks…
Advanced Training PRAG Works 5-7 April 2011
29
This project is co-financed by the European Union
and the Republic of Turkey
Expertise Necessary - 2
Various types of experts are necessary to prepare a full-fledged Works TDs
For superstructure projects: Buildings, etc.
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Architects
Design Engineers (Structural, Mechanical, Electrical)
Quantity Surveyors
CAD Experts
Contract Experts
Tendering and PRAG experts
Usually executed under Employer’s Design (RED FIDIC) Contracts
Advanced Training PRAG Works 5-7 April 2011
30
This project is co-financed by the European Union
and the Republic of Turkey
Expertise Necessary - 3
Phases of Preparation of a Works Tender Dossier (RED FIDIC BOOK) - 1
•
•
•
•
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Meetings with End Users and Suppliers
Preparation of the Design Concept / Note
Alternative Conceptual Designs (2 to 3)
Presentation and discussion on conceptual designs
Revisions and approval of the conceptual design
Engineering calculations
Advanced Training PRAG Works 5-7 April 2011
31
This project is co-financed by the European Union
and the Republic of Turkey
Expertise Necessary - 4
Phases of Preparation of a Works Tender Dossier (RED FIDIC BOOK) - 2
•
•
•
•
Detailed Execution Designs (Volume 5)
Technical Specifications (Volume 3)
Bill of Quantities & Financial Proposal (Volume 4)
Volume 1 & 2
Advanced Training PRAG Works 5-7 April 2011
32
This project is co-financed by the European Union
and the Republic of Turkey
Expertise Necessary - 5
Please note that;
• This is a team’s work
• It is not simply a works tender dossier;
 There is design of a building/facility from scratch
 There are laws and regulations that have to be addressed
 Design responsibility / indemnity insurance
• It takes 5 months
• Tender dossiers are prepared for unit price RED FIDIC
contracts; necessary quality assurance tools have to be
established…
Advanced Training PRAG Works 5-7 April 2011
33
This project is co-financed by the European Union
and the Republic of Turkey
Exercise # 2
Please use the below link to download all the contents of a works
tender dossier.
http://ec.europa.eu/europeaid/work/procedures/implementation/ind
ex_en.htm
Advanced Training PRAG Works 5-7 April 2011
34
This project is co-financed by the European Union
and the Republic of Turkey
Agenda
Session # 3
Day # 2 - Morning
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Lots
Instructions to Tenderers
Procurement Notice
Selection Criteria
Exercise # 3 (Procurement Notice)
Advanced Training PRAG Works 5-7 April 2011
35
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 1
Lots
– When and why do we need them?
• Not for artificial splits to lower thresholds and shorten tendering
periods
• To secure contracting
• To ease implementation (fewer contracts are easier to manage)
• To assign appropriate contractors
• To have a sector focused approach
– Supervision contract(s) should also be assessed accordingly
Advanced Training PRAG Works 5-7 April 2011
36
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 2
ITT (Instructions to Tenderers) – 1
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Financing
Participation
Information to be supplied by the Tenderer
Site Inspection / Clarification meeting
Law
Content and presentation of tender
Tender prices – currency of tender and payment
Advanced Training PRAG Works 5-7 April 2011
37
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 3
ITT (Instructions to Tenderers) – 2
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Period of validity of tenders
Tender Guarantee
Variant Solutions
Submission of Tenders
Opening and evaluation of tenders
Contract award – performance guarantee
Commencement of works
Appeals
Advanced Training PRAG Works 5-7 April 2011
38
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 4
• Tender Guarantee; 1% - 2% of the estimated budget
• Selection Criteria
– Financial; no more than last 3 years
– Technical; no more than last 5 years
Advanced Training PRAG Works 5-7 April 2011
39
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 5
•
•
Economic and Financial Standing (Financial Criteria) - 1
«Annual Turnover (the amount of business done in a year, incomes generated from
ongoing works and incomes generated from works undertaken as Joint Venture shall
be considered as part of the turnover):
The average annual turnover in the last 3 (three) years XXXXX Euros»
For companies which were established within the last 3 (three) years but not less
than 2 (two) years, only the average of the years since established will be taken into
account which cannot be less than 2 (two) years…»
Advanced Training PRAG Works 5-7 April 2011
40
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 6
•
Economic and Financial Standing (Financial Criteria) - 2
•
Financial Resources « The Tenderer shall demonstrate, by a bank statement from
his/her bank, that s/he has available or has access to liquid assets, lines of credit or
other financial means sufficient to meet the construction cash flow for the contract of
not less than; xxxxx Euro»
•
Financial Position «The Audited Financial Statements or loss and profit statements for
the last 3 years shall be submitted and must demonstrate the soundness of the
applicant’s financial position, showing long-term profitability. The tenderer should be in
positive profit account at least 2 of the last 3 years
Advanced Training PRAG Works 5-7 April 2011
41
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 7
Technical and Professional Capacity - 1
Similar Works Experience:
«The tenderer, tendering for each lot should have completed similar projects within the last
five years (provisional acceptance certificate should have been issued within the last five
years; i.e. XXX up to date of this tender) as defined below:
Experience as prime contractor in the execution of:
At least one building construction project (e.g. Xxxxx)»
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 8
Technical and Professional Capacity - 2
•
•
Key Personnel:
Min. Professional Experience in
year
Lot No
1
Project Manager (Civil Engineer)
1
10
Site Works manager (Civil Engineer or
Architecture)
1
5
Civil Works Surveyor
1
5
Mechanical Engineer
1
5
Electrical Engineer
1
5
Ligitation History
Advanced Training PRAG Works 5-7 April 2011
43
This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 9
• Selection Criteria
– In supplies & services: the criteria are applied to the
consortium as a whole
– In works: each member needs to fulfill a minimum
percentage of the criteria
– Proof documents have to be provided
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
PN & ITT - 10
• Selection Criteria
– Please use reasonable and necessary criteria
– The technical forms should be in line with the absolute
necessities of the project
– Try to avoid;
 unfair competition
 risking the award of the contract
• Award Criteria
– Price for works (satisfying the conditions)
Advanced Training PRAG Works 5-7 April 2011
45
This project is co-financed by the European Union
and the Republic of Turkey
Exercise # 3
Please use the below link to download and prepare a PN for a construction
project. Please assume the following for the exercise;
•
•
An administrative building with an indoors are of 5,000 m2 will be
constructed,
The construction period is 12 months,
•
The estimated construction budget is 6,500,000 Euros
http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm
Advanced Training PRAG Works 5-7 April 2011
46
This project is co-financed by the European Union
and the Republic of Turkey
Agenda
Session # 4
Day # 2 - Afternoon
– Volume 3, 4 and 5 of a Works TD
– Documents forming a Contract
– Exercise # 4 (Financial Offer and Contract Price)
Advanced Training PRAG Works 5-7 April 2011
47
This project is co-financed by the European Union
and the Republic of Turkey
Volume 3 - 1
• General Specifications
• For each work item
(Civil/Structural, Architectural, Electrical, Mechanical)
• Technical Specifications
• Item Descriptions
• Location forms
• Standards and Codes
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Volume 3 - 2
• In order to secure fair competition;
• Local item codes should not be used,
• A unique coding system should be established,
• Proper English level should be reached in
technical specifications,
• Creating unfair advantage to certain tenderers
should be avoided
Advanced Training PRAG Works 5-7 April 2011
49
This project is co-financed by the European Union
and the Republic of Turkey
Volume 4 – 1
• Volume 4, Financial Offer
• Lump Sum
4.2.1 – Introduction
4.2.2 – Recapitulation
4.2.3 - Breakdown of the Lump-sum Price
4.2.4 – Daywork Schedule
4.2.5 – Detailed Breakdown of Prices
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Volume 4 - 2
• Unit Price
4.3.1 - Introduction
4.3.2 – Bill of Quantities
4.3.3 – Price Schedule
4.3.4 – Dayworks Schedule
4.3.5 – Detailed Breakdown of Prices
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Volume 4 - 3
Using price revision is not a common practice in EU Contracts
• Revise Volume 4 as deemed necessary
• Delete the forms in Volume 4.2.5 and 4.3.5.
«The Detailed Breakdown of Prices (Volume 4.3.5) is the list which contains the basic
costs, net costs and mark-ups, from which each price on the Bill of Quantities and the
Price Schedule and on the Daywork Schedule results.
The Detailed Breakdown of Prices provides the co-efficients for the application of the price
revision formula referred to in Article 48.2 of the Special Conditions and can provide the
basis for valuation of additional work ordered referred to in Article 37.5 of the General
Conditions.»
Advanced Training PRAG Works 5-7 April 2011
52
This project is co-financed by the European Union
and the Republic of Turkey
Volume 3
Sample of a Work Item Description
«Granular Filling
Code: AE.101.003
Laying 1m3 of sand and gravel at the bottom of the foundation,
including pouring, grading, compaction and watering by hand. Sand
which is compliant with TS 706 EN 12620 and 2717 and gravel which is
compliant with TS 706 EN 12620 shall be used. The sand and gravel
shall be poured, graded, compacted and watered by hand…….»
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Volume 4
The Same Work Item Description in Volume 4
PRICE N° : Code: AE.101.003
TITLE: Granular Filling
Laying sand and gravel at the bottom of the foundation, including pouring, grading, compaction
and watering by hand, including all the necessary materials and losses, loading, horizontal and
vertical transportation, unloading, workmanship, contractor’s profit and general expenses for
the successful completion of the work, paid per m3 of filling executed.
PRICE N° : Code: AE.101.003
TITLE: Granular Filling
Price in words:
Advanced Training PRAG Works 5-7 April 2011
Price in numbers:
54
This project is co-financed by the European Union
and the Republic of Turkey
Volume 4
GRAND SUMMARY OF BREAKDOWN OF TENDER PRICE
PERMANENT WORKS
PROVISIONAL SUMS (10 % of Permanent Works)
CONTRACT PRICE (Sub total of Permanent Works
+ Provisional Sums/Contingencies)
DAYWORKS
TENDER PRICE (Contract Price + Dayworks)
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Volume 5
• Contents;
• Lists of Drawings
• Design Calculations
• Drawings
• Conceptual drawings for «Design – Build Contracts» - Yellow
FIDIC
• Detailed designs and drawings for «Employer Design Contracts»
- RED FIDIC
Hybrid contracts are also commonly used…
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Contract Documents - 1
Priority of Documents
• the contract,
• the Tender Form with its appendix,
• the Particular Conditions,
• the General Conditions,
• the Technical Specifications,
• the design documentation (drawings),
• the bill of quantities (after arithmetical corrections)/breakdown,
• any other documents forming part of the contract.
Addenda shall have the order of precedence of the document they are
modifying.
Advanced Training PRAG Works 5-7 April 2011
57
This project is co-financed by the European Union
and the Republic of Turkey
Contract Documents - 2
• The Tender Form with its appendix (Appendix to Tender)
– Extremely important and has priority over all documents
– Try to put all numeric and contract specific info on this table
– Use it effectively to check the contract and practical conditions
– More detailed info during the upcoming FIDIC training
• Volume 2;
– All guarantees and forms need to be arranged according to the
relevant FIDIC clauses
Advanced Training PRAG Works 5-7 April 2011
58
This project is co-financed by the European Union
and the Republic of Turkey
Exercise # 4
 Please use the below link to download and prepare a Volume 4 (financial
offer) for a construction project.
 Please add a «Summary Table of Breakdown of Tender Price» and assume
the following for the exercise;
• The project is a unit price contract
• The total of the BoQs for permanent works is 5,600,00 Euros
• There is no price variation
• Contingency is 10% of the permanent works
• Day works is estimated to be 7% of the permanent works
http://ec.europa.eu/europeaid/work/procedures/implementation/index_en.htm
Advanced Training PRAG Works 5-7 April 2011
59
This project is co-financed by the European Union
and the Republic of Turkey
Agenda
Session # 5
Day # 3 - Morning
–
–
–
–
Tendering
Tender Evaluation
Award Process
Exercise # 5 (Evaluation Grid)
Advanced Training PRAG Works 5-7 April 2011
60
This project is co-financed by the European Union
and the Republic of Turkey
Tendering - 1
• Always try to have a site visit;
If not a clarification meeting
• Allow proper timing for;
 Tenderers’ questions
 Preparing and approval of clarifications
• Questions: up to – 21 days of submission deadline
• Clarifications: - 11 days of submission deadline
• Questions & clarifications to be published in relevant media.
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tendering - 2
• Tenders are valid for 90 days
• Extension is possible up to max 40 days
• For the successful tenderer further 60 days is added to the validity
period irrespective of the date of notification
Advanced Training PRAG Works 5-7 April 2011
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This project is co-financed by the European Union
and the Republic of Turkey
Tender Evaluations - 1
• Evaluations are held in phases:
• Receipt and registration of tenders
• Prepatory meeting
• Tender Opening Session
• Administrative Compliance
• Technical Evaluation
• Financial Evaluation
• Conclusion
Advanced Training PRAG Works 5-7 April 2011
63
This project is co-financed by the European Union
and the Republic of Turkey
Tender Evaluations - 2
• 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)
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This project is co-financed by the European Union
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Tender Evaluations - 3
– Responsibilities of the committee;
– Chairperson is responsible for coordinating the evaluation
procees. S/he is a non-voting member.
– Secretary is responsible for carrying out all administrative tasks
related to the evaluation.
– Any request for clarification should be in written form
– Equal treatment of tenders and applicants and in accordance with
the principle of proportionality
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This project is co-financed by the European Union
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Tender Evaluations - 4
•
Tender opening session
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To check tenders are complete and tender guarantee is submitted
Restricted to the tenderers
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
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This project is co-financed by the European Union
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Tender Evaluations - 5
• 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
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This project is co-financed by the European Union
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Tender Evaluations - 6
Tenders falling in the following situations should not be
rejected (2.8.3 PRAG)
•
•
•
•
Fewer number of copies
Correct templates and the requested information is provided, but in an
incorrect section
Tenders not signed or scanned signatures, request subsequently if not
obtain then reject
Candidates demonstrating a required document is not present but an
alternative is provided
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This project is co-financed by the European Union
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Tender Evaluations - 7
Technical Evaluation:
• Done Lot by Lot;
- 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
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This project is co-financed by the European Union
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Tender Evaluations - 8
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
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This project is co-financed by the European Union
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Contract Award - 1
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
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This project is co-financed by the European Union
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Contract Award - 2
•
•
•
•
•
•
Contracting Authority & EUD must approve the evaluation report (Ex-ante)
Inform the successful tenderer and ask for «Proof documents» - 15 days
Prepare contract
Sign and send 3 copies of contract
 2 copies to be returned in 30 days with the financial guarantees
 effective from the date of the last signature
Publish Contract Award Notice
Inform unsuccessful tenderers in max 15 days with standard letter
 Return the tender guarantees
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This project is co-financed by the European Union
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Tender Evaluations
Case # 1
Let’s review the existing evaluation grids.
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This project is co-financed by the European Union
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Exercise # 5
Please fill in the technical grid, using the attached Instructions to Tenderers.
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This project is co-financed by the European Union
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Agenda
Session # 6
Day # 3 - Afternoon
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•
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•
•
•
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Negotiated Procedure
Suspension Clause
Additional Works
Variant Solutions
Contract Modifications
Rules of Origin
Supervision ToRs
Discussion for future trainings
Overall evaluation of the training
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This project is co-financed by the European Union
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Negotiated Procedure
•
•
•
•
Prior approval is required
Only applicable in limited cases;
• In case of urgency
• With public entities / non-profit institutions
• Extends on-going activities
• Unsuccessful tender procedure
• Design competition
• Monopoly situation
Negotiation report required
No threshold
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This project is co-financed by the European Union
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Suspension Clause
•
In exceptional and duly justified cases, tender procedures may be published with
a Suspension Clause (2.4.12), i.e. a tender procedure is launched before a
financing decision is issued or a financing agreement signed between the
European Commission and the Beneficiary Country.
•
The award of the contract is subject to the conclusion of the financing agreement
and the provision of the funding.
•
Existence of a suspension clause must be explicitly mentioned in the
procurement notice.
•
The procedure will invariably be cancelled if the EC’s decision making procedure
is not completed or the FA is not signed.
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This project is co-financed by the European Union
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Variant Solutions-1
• Variant solutions may only be allowed in the case a derogation has been granted
to use best value for money as award criteria. See point 24 of ITT (award
criteria).
• «Tenderers must submit a tender in accordance with the requirements of the
tender dossier. If the invitation to tender provides for variants to be submitted, the
technical specifications and evaluation grid must specify the subject, limits and
basic conditions applicable. Should the tenderer wish to submit variant technical
proposals, it may do so. Only variants proposed by the tenderer submitting
the lowest compliant tender will be considered by the Contracting
Authority. Any variant proposal must be submitted in a separate inner envelope,
clearly marked "variant«.
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This project is co-financed by the European Union
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Variant Solutions - 2
«Such variant proposals must contain all the details necessary for their thorough
evaluation, including drawings, design calculations, technical specifications, <for unit-price
contracts:> Bill of Quantities and Price Schedule <for lump-sum contracts:> Breakdown of
the Lump-sum Price and proposed construction methods.
Any variant solution must comprise:
• an individual tender for the variant solution;
• a demonstration of the advantages of the variant solution over the initial solution,
including a quantifiable justification of any economic and/or technical advantages;
• the drawings and specifications provided for in the initial solution which are not
affected by the variant solution;
• the drawings and specifications affected by the variant solution;
• a technical note on the design of the variant solution and, where appropriate,
drawings and calculations.
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This project is co-financed by the European Union
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Rules of Origin - 1
• All goods (supplies and materials) purchased under a contract
financed under an EU instrument must originate from the EU or from
eligible country.
• The term origin is defined in the relevant EU legislation on rules of
origin for custom purposes.
• Where there is only one country of production, the origin of the
finished product is easily established.
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This project is co-financed by the European Union
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Rules of Origin - 2
• In cases where more than one country is involved in the
production of goods it is necessary to determine which of those
countries origin of goods on the finished goods. The country of
origin is deemed to be the country in which the goods have
undergone their last economically justified substantial
transformation and the provisions of Article 24 of the
Community Customs Code must therefore be applied on a
case by case basis to those goods.
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This project is co-financed by the European Union
and the Republic of Turkey
Rules of Origin - 3
Rules of origin do not apply to;
• Equipment used by a contractor for executing the works
• Machinery used for testing and installing the supplied goods
Where the provision of a Certificate of Origin is not possible (before
presenting the commercial invoice), the tenderer in these cases can
submit its own declaration.
The Original Certificates of Origin must be submitted before provisional
acceptance.
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This project is co-financed by the European Union
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Contract Modification- 1
•
•
•
•
Justified reasons
Must not alter major tender conditions
No retroactivity
Within the execution period of the contract
2 ways:
• Via administrative order
• Via addendum
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This project is co-financed by the European Union
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Contract Modification- 2
Administrative Orders
Minor modifications
• Address or bank account
• Auditor
• Contractor’s personnel
Signed by the Project Manager
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This project is co-financed by the European Union
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Contract Modification- 3
Addendums
Major modifications
• Must not change the scope of the contract
• Extend contract duration
• Budget changes (for lump sum contracts)
• Additional works
Signature; same procedure as for contract
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This project is co-financed by the European Union
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Supervision ToR – 1
The relevant sections of a works tender dossier and the
supervision ToR should be in line with;
• Contract Durations
• Works (execution + 12 months DLP = X)
• Supervision: Ideally X + 2 (1 + X + 1)
• Man-day calculation of the Supervision Team
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This project is co-financed by the European Union
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Supervision ToR - 2
• Project Description
• Facilities to be provided for the Engineer (Supervisor)
• Expert Profiles of the Supervision Team;
 «Design – Build» or «Employer’s Design» or Hybrid
 Short term expert pool
 Lots and construction sites
 Complexity of the works (required technical experience vs.
international experience)
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This project is co-financed by the European Union
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Summary of Training
• We focused on PRAG Works
 Tendering & Contracting
•
• Next Trainings
 Introduction to FIDIC & Contract Management
 Advance FIDIC & Contract Management
• Any suggestions / recommendations?
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Thank you / Evaluations
This project is co-financed by the European Union
and the Republic of Turkey
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